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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1215 passed the Senate on
April 26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1215 passed the House on
May 25, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor