1-1  By:  Shapiro, Sims                                     S.B. No. 149
    1-2        (In the Senate - Filed December 20, 1994; January 17, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 20, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; March 20, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 149                  By:  Shapiro
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the release of information concerning the treatment of
   1-11  a sex offender by a treatment provider, a criminal justice agency,
   1-12  or a local law enforcement authority.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 9, Article 42.12, Code of Criminal
   1-15  Procedure, is amended by amending Subsection (j) and adding
   1-16  Subsections (l) and (m) to read as follows:
   1-17        (j)  The judge by order may direct that any information and
   1-18  records that are not privileged and that are relevant to the report
   1-19  required by Subsection (a) of this section be released to the
   1-20  officer conducting the presentence investigation under Subsection
   1-21  (i) of this section.  The judge may also issue a subpoena to obtain
   1-22  that information.  The report and all information obtained in
   1-23  connection with the presentence investigation are confidential and
   1-24  may be released only to those persons and under those circumstances
   1-25  authorized under Subsections (d), (e), (f), <and> (g), and (l) of
   1-26  this section and as directed by the judge for the effective
   1-27  supervision of the defendant.  Medical and psychiatric records
   1-28  obtained by court order shall be kept separate from the defendant's
   1-29  community supervision file and may be released only by order of the
   1-30  judge.
   1-31        (l)  If a person is a sex offender, a supervision officer may
   1-32  release information in a presentence or postsentence report
   1-33  concerning the social and criminal history of the person to a
   1-34  person who:
   1-35              (1)  is licensed or certified in this state to provide
   1-36  mental health or medical services, including a:
   1-37                    (A)  physician;
   1-38                    (B)  psychiatrist;
   1-39                    (C)  psychologist;
   1-40                    (D)  licensed professional counselor;
   1-41                    (E)  licensed marriage and family therapist; or
   1-42                    (F)  certified social worker; and
   1-43              (2)  provides mental health or medical services for the
   1-44  rehabilitation of the person.
   1-45        (m)  In this section, "sex offender" means a person who has
   1-46  been convicted or has entered a plea of guilty or nolo contendere
   1-47  for an offense under any one of the following provisions of the
   1-48  Penal Code:
   1-49              (1)  Section 20.04(a)(4) (Aggravated Kidnapping), if
   1-50  the person committed the offense with the intent to violate or
   1-51  abuse the victim sexually;
   1-52              (2)  Section 21.08 (Indecent Exposure);
   1-53              (3)  Section 21.11 (Indecency with a Child);
   1-54              (4)  Section 22.011 (Sexual Assault);
   1-55              (5)  Section 22.021 (Aggravated Sexual Assault);
   1-56              (6)  Section 25.02 (Prohibited Sexual Conduct);
   1-57              (7)  Section 30.02 (Burglary), if:
   1-58                    (A)  the offense is punishable under Subsection
   1-59  (d) of that section; and
   1-60                    (B)  the person committed the offense with the
   1-61  intent to commit a felony listed in this subsection;
   1-62              (8)  Section 43.25 (Sexual Performance by a Child); or
   1-63              (9)  Section 43.26 (Possession or Promotion of Child
   1-64  Pornography).
   1-65        SECTION 2.  Title 71, Revised Statutes, is amended by adding
   1-66  Article 4512g-1 to read as follows:
   1-67        Art. 4512g-1.  SEX OFFENDER INFORMATION EXCHANGE
   1-68        Sec. 1.  DEFINITIONS.  In this article:
    2-1              (1)  "Administration of criminal justice" has the
    2-2  meaning assigned by Article 60.01, Code of Criminal Procedure.
    2-3              (2)  "Criminal justice agency" has the meaning assigned
    2-4  by Article 60.01, Code of Criminal Procedure.
    2-5              (3)  "Sex offender" has the meaning assigned by Section
    2-6  9(m), Article 42.12, Code of Criminal Procedure.
    2-7              (4)  "Local law enforcement authority" has the meaning
    2-8  assigned by Section 1, Article 6252-13c.1, Revised Statutes.
    2-9        Sec. 2.  RELEASE OF INFORMATION.  (a)  Notwithstanding
   2-10  Chapter 611, Health and Safety Code, or the Medical Practice Act
   2-11  (Article 4495b, Vernon's Texas Civil Statutes), a person described
   2-12  by Section 4 of this article may release information concerning the
   2-13  treatment of a sex offender to:
   2-14              (1)  a criminal justice agency;
   2-15              (2)  a local law enforcement authority; or
   2-16              (3)  any other person described by Section 4 of this
   2-17  article.
   2-18        (b)  A criminal justice agency may release information
   2-19  concerning the treatment of a sex offender to:
   2-20              (1)  another criminal justice agency;
   2-21              (2)  a local law enforcement authority; or
   2-22              (3)  a person described by Section 4 of this article.
   2-23        (c)  A local law enforcement authority may release
   2-24  information concerning the treatment of a sex offender to:
   2-25              (1)  another law enforcement authority;
   2-26              (2)  a criminal justice agency; or
   2-27              (3)  a person described by Section 4 of this article.
   2-28        Sec. 3.  PURPOSE OF RELEASE.  A person who is authorized by
   2-29  this article to release or obtain information may do so only for
   2-30  the administration of criminal justice.
   2-31        Sec. 4.  RELEASE OF INFORMATION BY PERSONS PROVIDING MENTAL
   2-32  HEALTH OR MEDICAL SERVICES.  Information concerning the treatment
   2-33  of a sex offender may be released by a person who:
   2-34              (1)  is licensed or certified in this state to provide
   2-35  mental health or medical services, including a:
   2-36                    (A)  physician;
   2-37                    (B)  psychiatrist;
   2-38                    (C)  psychologist;
   2-39                    (D)  licensed professional counselor;
   2-40                    (E)  licensed marriage and family therapist; or
   2-41                    (F)  certified social worker; and
   2-42              (2)  while licensed or certified, provides or provided
   2-43  mental health or medical services for the rehabilitation of sex
   2-44  offenders.
   2-45        Sec. 5.  IMMUNITY FROM LIABILITY.  A person who releases or
   2-46  obtains information as authorized by this article is not liable for
   2-47  damages arising from the release of the information.
   2-48        SECTION 3.  This Act takes effect September 1, 1995.
   2-49        SECTION 4.  The importance of this legislation and the
   2-50  crowded condition of the calendars in both houses create an
   2-51  emergency and an imperative public necessity that the
   2-52  constitutional rule requiring bills to be read on three several
   2-53  days in each house be suspended, and this rule is hereby suspended.
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