1-1     By:  Farrar (Senate Sponsor - Moncrief)               H.B. No. 3256
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 11, 1999, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the exchange of information related to a special needs
 1-9     offender.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 614.017, Health and Safety Code, is
1-12     amended to read as follows:
1-13           Sec. 614.017.  EXCHANGE OF INFORMATION.  (a)  An agency
1-14     [authorized by this chapter to provide continuity of care for a
1-15     special needs offender] may:
1-16                 (1)  receive information relating to a special needs
1-17     offender regardless of whether other state law makes that
1-18     information confidential, if the agency receives the information to
1-19     further the purposes of this chapter; or
1-20                 (2)  disclose information relating to a special needs
1-21     offender, including information about the offender's identity,
1-22     needs, treatment, social, criminal, and vocational history,
1-23     supervision status and compliance with conditions of supervision,
1-24     and medical and mental health history, if the agency discloses the
1-25     information to further the purposes of this chapter.
1-26           (b)  This section is not intended to conflict with a federal
1-27     law that restricts the disclosure of information described by
1-28     Subsection (a).
1-29           (c)  In this section:
1-30                 (1)  "Agency" includes any of the following entities [a
1-31     division within an agency], a person with an agency relationship
1-32     with one of the following entities [an agency], and a person who
1-33     contracts with one or more of the following entities:
1-34                       (A)  the institutional division of the Texas
1-35     Department of Criminal Justice;
1-36                       (B)  the pardons and paroles division of the
1-37     Texas Department of Criminal Justice;
1-38                       (C)  the community justice assistance division of
1-39     the Texas Department of Criminal Justice;
1-40                       (D)  the state jail division of the Texas
1-41     Department of Criminal Justice;
1-42                       (E)  the Texas Department of Mental Health and
1-43     Mental Retardation;
1-44                       (F)  the Texas Juvenile Probation Commission;
1-45                       (G)  the Texas Youth Commission;
1-46                       (H)  the Texas Rehabilitation Commission;
1-47                       (I)  the Texas Education Agency;
1-48                       (J)  the Criminal Justice Policy Council;
1-49                       (K)  the Texas Commission on Alcohol and Drug
1-50     Abuse;
1-51                       (L)  the Commission on Jail Standards;
1-52                       (M)  the Texas Department of Human Services;
1-53                       (N)  the Texas Department on Aging;
1-54                       (O)  the Texas School for the Blind and Visually
1-55     Impaired;
1-56                       (P)  the Texas Department of Health;
1-57                       (Q)  the Texas Commission for the Deaf and Hard
1-58     of Hearing;
1-59                       (R)  community supervision and corrections
1-60     departments;
1-61                       (S)  personal bond pretrial release offices
1-62     established under Article 17.42, Code of Criminal Procedure; and
1-63                       (T)  local jails regulated by the Commission on
1-64     Jail Standards [an agency].
 2-1                 (2)  "Special needs offender" means an individual for
 2-2     whom criminal charges are pending or who after conviction or
 2-3     adjudication is in custody or under any form of criminal justice
 2-4     supervision [a convicted felon or an individual who is placed on
 2-5     community supervision after a grant of deferred adjudication under
 2-6     Section 5, Article 42.12, Code of Criminal Procedure].
 2-7           SECTION 2.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended,
2-12     and that this Act take effect and be in force from and after its
2-13     passage, and it is so enacted.
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