HBA-MPM S.B. 1215 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1215 By: Moncrief Criminal Jurisprudence 5/10/1999 Engrossed BACKGROUND AND PURPOSE Currently, any medical or psychiatric information obtained in connection with a presentence or postsentence report is confidential and kept separate from the defendant's community supervision file and released only by order of a judge. By stipulating that medical or psychiatric information is for the purpose of continuity of care, access to confidential information is limited for a specific purpose, ensuring that the defendant's right to privacy is safeguarded. S.B. 1215 sets forth conditions for the release of confidential information obtained in connection with certain presentence investigations and postsentence reports. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 9(j), Article 42.12, Code of Criminal Procedure, to provide that a report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only under Section 614.017 (Exchange of Information), Health and Safety Code, in addition to other conditions. Deletes the requirement that medical and psychiatric records obtained by the court be kept separate from the defendant's community supervision file and the authorization that they may be released only by order of the judge. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.