By:  Moncrief                                         S.B. No. 1215
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the release of confidential information obtained in
 1-2     connection with certain presentence investigations and postsentence
 1-3     reports.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (j), Section 9, Article 42.12, Code of
 1-6     Criminal Procedure, is amended to read as follows:
 1-7           (j)  The judge by order may direct that any information and
 1-8     records that are not privileged and that are relevant to a report
 1-9     required by Subsection (a) or Subsection (k) of this section be
1-10     released to an officer conducting a presentence investigation under
1-11     Subsection (i) of this section or a postsentence report under
1-12     Subsection (k) of this section.  The judge may also issue a
1-13     subpoena to obtain that information.  A report and all information
1-14     obtained in connection with a presentence investigation or
1-15     postsentence report are confidential and may be released only:
1-16                 (1)  to those persons and under those circumstances
1-17     authorized under Subsections (d), (e), (f), (h), (k), and (l) of
1-18     this section;
1-19                 (2)  pursuant to Section 614.017, Health and Safety
1-20     Code; or
1-21                 (3)  [and] as directed by the judge for the effective
1-22     supervision of the defendant.  [Medical and psychiatric records
1-23     obtained by court order shall be kept separate from the defendant's
1-24     community supervision file and may be released only by order of the
 2-1     judge.]
 2-2           SECTION 2.  (a)  This Act takes effect September 1, 1999.
 2-3           (b)  The change in law made by this Act applies only to an
 2-4     order for release of information and records relating to a
 2-5     presentence investigation or postsentence report under Subsection
 2-6     (j), Section 9, Article 42.12, Code of Criminal Procedure, as
 2-7     amended by this Act, made on or after the effective date of this
 2-8     Act.  An order made before the effective date of this Act is
 2-9     covered by the law in effect when the investigation was ordered,
2-10     and that law is continued in effect for that purpose.
2-11           SECTION 3.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended.