1-1 By: Moncrief S.B. No. 1215
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 19, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 19, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the release of confidential information obtained in
1-9 connection with certain presentence investigations and postsentence
1-10 reports.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (j), Section 9, Article 42.12, Code of
1-13 Criminal Procedure, is amended to read as follows:
1-14 (j) The judge by order may direct that any information and
1-15 records that are not privileged and that are relevant to a report
1-16 required by Subsection (a) or Subsection (k) of this section be
1-17 released to an officer conducting a presentence investigation under
1-18 Subsection (i) of this section or a postsentence report under
1-19 Subsection (k) of this section. The judge may also issue a
1-20 subpoena to obtain that information. A report and all information
1-21 obtained in connection with a presentence investigation or
1-22 postsentence report are confidential and may be released only:
1-23 (1) to those persons and under those circumstances
1-24 authorized under Subsections (d), (e), (f), (h), (k), and (l) of
1-25 this section;
1-26 (2) pursuant to Section 614.017, Health and Safety
1-27 Code; or
1-28 (3) [and] as directed by the judge for the effective
1-29 supervision of the defendant. [Medical and psychiatric records
1-30 obtained by court order shall be kept separate from the defendant's
1-31 community supervision file and may be released only by order of the
1-32 judge.]
1-33 SECTION 2. (a) This Act takes effect September 1, 1999.
1-34 (b) The change in law made by this Act applies only to an
1-35 order for release of information and records relating to a
1-36 presentence investigation or postsentence report under Subsection
1-37 (j), Section 9, Article 42.12, Code of Criminal Procedure, as
1-38 amended by this Act, made on or after the effective date of this
1-39 Act. An order made before the effective date of this Act is
1-40 covered by the law in effect when the investigation was ordered,
1-41 and that law is continued in effect for that purpose.
1-42 SECTION 3. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *