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.