SRC-DPW S.B. 1215 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1215
By: Moncrief
Criminal Justice
6/29/1999
Enrolled


DIGEST 

Currently, any medical or psychiatric information obtained in connection
with a pre sentence or postsentence report is confidential and kept
separate from the defendant's community supervision file and released only
by order of a judge.  By stipulating that medical or psychiatric
information is for the purpose of continuity of care, access to
confidential information is limited for a specific purpose, ensuring the
defendant's right to privacy is safeguarded.  This bill will set forth
conditions for the release of confidential information obtained in
connection with certain presentence investigations and postsentence
reports. 

PURPOSE

As enrolled, S.B. 1215 sets forth conditions for the release of
confidential information obtained in connection with certain presentence
investigations and postsentence reports. 

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 9(j), Article 42.12, Code of Criminal Procedure,
to authorize a report required by Subsection (a) or Subsection (k) and all
information obtained in connection with a presentence investigation or
postsentence report to be released pursuant to Section 614.017, Health and
Safety Code.  Deletes a provision regarding medical and psychiatric
records.  Makes conforming changes.  
 
SECTION 2. Effective date: September 1, 1999.  Makes application of this
Act prospective. 

SECTION 3. Emergency clause.