S.B. No. 519




AN ACT
relating to the interagency exchange of information regarding certain offenders. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsection (a), Section 614.017, Health and Safety Code, is amended to read as follows: (a) An agency shall [may]: (1) accept [receive] information relating to a special needs offender that is sent to the agency to serve the purposes of this chapter regardless of whether other state law makes that information confidential[, if the agency receives the information to further the purposes of this chapter]; and [or] (2) disclose information relating to a special needs offender, including information about the offender's identity, needs, treatment, social, criminal, and vocational history, supervision status and compliance with conditions of supervision, and medical and mental health history, if the disclosure serves [agency discloses the information to further] the purposes of this chapter. SECTION 2. Subdivision (1), Subsection (c), Section 614.017, Health and Safety Code, is amended to read as follows: (1) "Agency" includes any of the following entities and individuals, a person with an agency relationship with one of the following entities or individuals, and a person who contracts with one or more of the following entities or individuals: (A) [the institutional division of] the Texas Department of Criminal Justice; (B) the Board of Pardons and Paroles [the pardons and paroles division of the Texas Department of Criminal Justice]; (C) [the community justice assistance division of the Texas Department of Criminal Justice; [(D) the state jail division of the Texas Department of Criminal Justice; [(E)] the Texas Department of Mental Health and Mental Retardation; (D) [(F)] the Texas Juvenile Probation Commission; (E) [(G)] the Texas Youth Commission; (F) [(H)] the Texas Rehabilitation Commission; (G) [(I)] the Texas Education Agency; (H) [(J)] the Criminal Justice Policy Council; (I) [(K)] the Texas Commission on Alcohol and Drug Abuse; (J) [(L)] the Commission on Jail Standards; (K) [(M)] the Texas Department of Human Services; (L) [(N)] the Texas Department on Aging; (M) [(O)] the Texas School for the Blind and Visually Impaired; (N) [(P)] the Texas Department of Health; (O) [(Q)] the Texas Commission for the Deaf and Hard of Hearing; (P) [(R)] community supervision and corrections departments; (Q) [(S)] personal bond pretrial release offices established under Article 17.42, Code of Criminal Procedure; (R) [(T)] local jails regulated by the Commission on Jail Standards; (S) [(U)] a municipal or county health department; (T) [(V)] a hospital district; (U) [(W)] a judge of this state with jurisdiction over criminal cases; and (V) [(X)] an attorney who is appointed or retained to represent a special needs offender. SECTION 3. Subsection (c), Section 508.313, Government Code, is amended to read as follows: (c) The department, on request or in the normal course of official business, shall [may] provide information that is confidential and privileged under Subsection (a) to: (1) the governor; (2) a member of the board; (3) the Criminal Justice Policy Council in performing duties of the council under Section 413.017; or (4) an eligible entity requesting information for a law enforcement, prosecutorial, correctional, clemency, or treatment purpose. SECTION 4. If the Act of the 78th Legislature, Regular Session, 2003, relating to nonsubstantive additions to and corrections in enacted codes takes effect, Sections 109.002, 109.051, 109.052, and 109.053, Occupations Code, are amended to read as follows: Sec. 109.002. PURPOSE OF RELEASING INFORMATION. A person who is required [authorized] by this chapter to release or obtain information may do so only for the administration of criminal justice. Sec. 109.051. RELEASE BY PERSONS PROVIDING MENTAL HEALTH OR MEDICAL SERVICES. (a) Information concerning the treatment of a sex offender may be released by a person who: (1) is licensed or certified in this state to provide mental health or medical services, including a: (A) physician; (B) psychiatrist; (C) psychologist; (D) licensed professional counselor; (E) licensed marriage and family therapist; or (F) social worker; and (2) while licensed or certified, provides or provided mental health or medical services for the rehabilitation of sex offenders. (b) Notwithstanding Subtitle B, Title 3, of this code or Chapter 611, Health and Safety Code, a person described by Subsection (a), on request or in the normal course of business, shall [may] release information concerning the treatment of a sex offender to: (1) another person described by Subsection (a); (2) a criminal justice agency; or (3) a local law enforcement authority. Sec. 109.052. RELEASE BY CRIMINAL JUSTICE AGENCY. A criminal justice agency, on request or in the normal course of official business, shall [may] release information concerning the treatment of a sex offender to: (1) another criminal justice agency; (2) a local law enforcement authority; or (3) a person described by Section 109.051(a). Sec. 109.053. RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY. A local law enforcement authority, on request or in the normal course of official business, shall [may] release information concerning the treatment of a sex offender to: (1) another local law enforcement authority; (2) a criminal justice agency; or (3) a person described by Section 109.051(a). SECTION 5. If the Act of the 78th Legislature, Regular Session, 2003, relating to nonsubstantive additions to and corrections in enacted codes does not take effect, Sections 2, 3, and 4, Article 4512g-1, Revised Statutes, are amended to read as follows: Sec. 2. RELEASE OF INFORMATION. (a) Notwithstanding Chapter 611, Health and Safety Code, or Chapter 159, Occupations Code [the Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes)], a person described by Section 4 of this article, on request or in the normal course of official business, shall [may] release information concerning the treatment of a sex offender to: (1) a criminal justice agency; (2) a local law enforcement authority; or (3) any other person described by Section 4 of this article. (b) A criminal justice agency, on request or in the normal course of official business, shall [may] release information concerning the treatment of a sex offender to: (1) another criminal justice agency; (2) a local law enforcement authority; or (3) a person described by Section 4 of this article. (c) A local law enforcement authority, on request or in the normal course of official business, shall [may] release information concerning the treatment of a sex offender to: (1) another law enforcement authority; (2) a criminal justice agency; or (3) a person described by Section 4 of this article. Sec. 3. PURPOSE OF RELEASE. A person who is required [authorized] by this article to release or obtain information may do so only for the administration of criminal justice. Sec. 4. RELEASE OF INFORMATION BY PERSONS PROVIDING MENTAL HEALTH OR MEDICAL SERVICES. (a) A person listed in Subsection (b) of this section, on request or in the normal course of business, shall release information [Information] concerning the treatment of a sex offender to [may be released by a person who]: (1) a criminal justice agency; (2) a local law enforcement authority; or (3) another person listed in Subsection (b) of this section. (b) This section applies to a person who: (1) is licensed or certified in this state to provide mental health or medical services, including a: (A) physician; (B) psychiatrist; (C) psychologist; (D) licensed professional counselor; (E) licensed marriage and family therapist; or (F) certified social worker; and (2) while licensed or certified, provides or provided mental health or medical services for the rehabilitation of sex offenders. SECTION 6. Subsection (b), Section 614.017, Health and Safety Code, is repealed. SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 519 passed the Senate on March 13, 2003, by the following vote: Yeas 29, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 519 passed the House on March 28, 2003, by the following vote: Yeas 146, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor