ACM H.B. 2958 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2958
By: Farrar
5-1-97
Committee Report (Unamended)



BACKGROUND 

Currently, Section 9, Article 42.12, Code of Criminal Procedure defines
"sex offender" as a person who has been convicted or has entered a plea of
guilty or nolo contendere for an offense under any one of the following
provisions of the Penal Code:  aggravated kidnapping, indecent exposure,
indecency with a child, sexual assault, aggravated sexual assault,
prohibited sexual conduct, burglary (with intent to commit a felony listed
in this subsection), sexual performance by a child or possession or
promotion of child pornography.  Section 9, Article 42.12, Code of
Criminal Procedure, states that a supervision officer may release
information concerning the social and criminal history of a "sex offender"
to physicians, psychiatrists, psychologists, counselors and other
treatment providers. 
 
PURPOSE

HB 2958, as proposed, would alter the definition of "sex offender" in
Section 9, Article 42.12, Code of Criminal Procedure to  allow the release
of social and criminal history information to physicians, psychiatrists,
and other treatment providers regarding individuals who admit to
committing certain sex offenses. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 9(m), Article 42.12, Code of Criminal
Procedure, to define "sex offender" as a person who has admitted
committing, been convicted of or has entered a plea of guilty or nolo
contendere for an offense under the following sections of the Penal Code: 

(1)  Section 21.04(a)(4) (Aggravated Kidnapping), if the person committed
the offense with the intent to violate or abuse the victim sexually 
(2)  Section 21.08 (Indecent Exposure)
(3)  Section 21.11 (Indecency with a Child)
(4)  Section 22.011 (Sexual Assault)
(5)  Section 22.021 (Aggravated Sexual Assault)
(6)  Section 25.02 (Prohibited Sexual Conduct)
(7)  Section 30.02 (Burglary), if the offense is punishable under
Subsection (d) of that section and the person committed the offense with
the intent to commit a felony listed in this subsection 
(8)  Section 43.25 (Sexual Performance by a Child)
(9)  Section 43.26 (Possession or Promotion of Child Pornography)

SECTION 2.  Emergency Clause.