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.
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