By: Duncan S.B. No. 519
A BILL TO BE ENTITLED
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) 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.