SRC-SLL C.S.S.B. 188 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 188
By: Madla
Criminal Justice
2-11-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law provides that it is a felony for an inmate to
disclose or use personal information about another person for certain
prohibited uses when that information was gained in a prison work program.
This inhibits the state from prosecuting a person who possesses such
information, but has not yet used or disclosed the information.  This bill
will provide for prosecution of  an inmate who possesses, for certain
prohibited uses, personal information about another person when that
information was gained in a prison work program. 

PURPOSE

As proposed, C.S.S.B. 188 prohibits an inmate from possessing, for certain
prohibited uses, personal information about another person when that
information was gained in a prison work program.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.111(a), Penal Code, to provide that an inmate
of the institutional division of the Texas Department of Criminal Justice
or a person confined in a state jail felony facility commits an offense if
with intent to obtain a benefit or with intent to harm or defraud another
the inmate or person possesses a written document or other tangible item
that contains personal information about another that the inmate or person
has access to by means of participation in a work program operated by or
for the institutional division or state jail division. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 38.111(a), Penal Code, to provide that an inmate
who possesses a written document or tangible item that contains personal
information about another, rather than possesses personal information,
commits an offense under this section.