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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of certain confidential statements made |
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to a mental health professional. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 611.004, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A professional to whom a patient communicates a threat |
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of physical violence against a reasonably identifiable person shall |
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report the threat to a local law enforcement agency if the |
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professional determines in good faith that disclosure of the threat |
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is necessary to protect the health or safety of a person. A |
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professional who discloses confidential information in accordance |
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with this subsection is immune from civil or criminal liability for |
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that disclosure. |
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SECTION 2. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 5A to read as follows: |
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CHAPTER 5A. PREVENTION OF CERTAIN THREATENED PHYSICAL VIOLENCE |
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Art. 5A.01. REPORTS OF VIOLENT THREATS REQUIRED. (a) A |
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peace officer who receives from a mental health professional a |
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report of a threat of physical violence in accordance with Section |
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611.004(e), Health and Safety Code, shall make a written report |
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that includes: |
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(1) the names of the person making the threat, the |
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person who is the reasonably identifiable target of the threat, and |
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the mental health professional making the report; and |
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(2) a description of the threat. |
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(b) A peace officer who receives from a mental health |
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professional a report of a threat of physical violence in |
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accordance with Section 611.004(e), Health and Safety Code, shall |
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provide a copy of the report to: |
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(1) the Department of State Health Services; and |
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(2) the bureau of identification and records of the |
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Department of Public Safety of the State of Texas for the bureau's |
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recordkeeping function under Section 411.042, Government Code. |
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Art. 5A.02. CERTAIN RECORDKEEPING REQUIRED. (a) Each |
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local law enforcement agency shall establish a departmental code |
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for identifying and retrieving reports received under Article |
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5A.01. |
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(b) In order to ensure that an officer investigating an |
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incident or responding to a disturbance call that involves or may |
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involve physical violence or threats of physical violence is aware |
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of the existence of a report made under Article 5A.01(a), each local |
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law enforcement agency shall establish procedures within the agency |
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to provide to officers adequate information or access to |
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information concerning the identity of a person identified in a |
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report as a person who has previously made a threat of physical |
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violence. |
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(c) The district or county attorney exercising authority in |
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the county in which the law enforcement agency has jurisdiction is |
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entitled to access the records created under this chapter. |
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SECTION 3. Subsection (b), Section 411.042, Government |
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Code, as amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 |
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(S.B. 9), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted and amended to read as follows: |
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(b) The bureau of identification and records shall: |
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(1) procure and file for record photographs, pictures, |
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descriptions, fingerprints, measurements, and other pertinent |
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information of all persons arrested for or charged with a criminal |
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offense or convicted of a criminal offense, regardless of whether |
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the conviction is probated; |
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(2) collect information concerning the number and |
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nature of offenses reported or known to have been committed in the |
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state and the legal steps taken in connection with the offenses, and |
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other information useful in the study of crime and the |
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administration of justice, including information that enables the |
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bureau to create a statistical breakdown of offenses in which |
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family violence was involved and a statistical breakdown of |
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offenses under Sections 22.011 and 22.021, Penal Code; |
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(3) make ballistic tests of bullets and firearms and |
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chemical analyses of bloodstains, cloth, materials, and other |
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substances for law enforcement officers of the state; |
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(4) cooperate with identification and crime records |
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bureaus in other states and the United States Department of |
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Justice; |
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(5) maintain a list of all previous background checks |
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for applicants for any position regulated under Chapter 1702, |
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Occupations Code, who have undergone a criminal history background |
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check under Section 411.119, if the check indicates a Class B |
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misdemeanor or equivalent offense or a greater offense; |
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(6) collect information concerning the number and |
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nature of protective orders and all other pertinent information |
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about all persons on active protective orders. Information in the |
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law enforcement information system relating to an active protective |
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order shall include: |
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(A) the name, sex, race, date of birth, personal |
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descriptors, address, and county of residence of the person to whom |
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the order is directed; |
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(B) any known identifying number of the person to |
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whom the order is directed, including the person's social security |
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number or driver's license number; |
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(C) the name and county of residence of the |
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person protected by the order; |
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(D) the residence address and place of employment |
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or business of the person protected by the order, unless that |
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information is excluded from the order under Section 85.007, Family |
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Code; |
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(E) the child-care facility or school where a |
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child protected by the order normally resides or which the child |
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normally attends, unless that information is excluded from the |
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order under Section 85.007, Family Code; |
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(F) the relationship or former relationship |
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between the person who is protected by the order and the person to |
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whom the order is directed; and |
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(G) the date the order expires; [and] |
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(7) grant access to criminal history record |
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information in the manner authorized under Subchapter F; |
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(8) [(7)] collect and disseminate information |
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regarding offenders with mental impairments in compliance with |
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Chapter 614, Health and Safety Code; and |
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(9) collect and disseminate information regarding |
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reports of violent threats in compliance with Chapter 5A, Code of |
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Criminal Procedure. |
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SECTION 4. Subsection (e), Section 611.004, Health and |
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Safety Code, as added by this Act, applies only to a disclosure of |
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confidential information made on or after the effective date of |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |
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