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AN ACT
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relating to the exchange of information among agencies related to |
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the Texas Correctional Office on Offenders with Medical or Mental |
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Impairments and the agencies responsible for continuity of care for |
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offenders in the criminal justice system who are physically |
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disabled, terminally ill, or significantly ill; providing a |
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criminal penalty. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 614.001, Health and Safety Code, is |
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amended by adding Subdivision (3-a) to read as follows: |
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�������������(3-a)��"Continuity of care and services"�refers to the |
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process of: |
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�������������������(A)��identifying the medical, psychiatric, or |
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psychological care or treatment needs and educational or |
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rehabilitative service needs of an offender with medical or mental |
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impairments; |
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�������������������(B)��developing a plan for meeting the treatment, |
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care, and service needs of the offender with medical or mental |
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impairments; and |
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�������������������(C)��coordinating the provision of treatment, |
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care, and services between the various agencies who provide |
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treatment, care, or services such that they may continue to be |
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provided to the offender at the time of arrest, while charges are |
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pending, during post-adjudication or post-conviction custody or |
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criminal justice supervision, and for pretrial diversion. |
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�������SECTION�2.��Subsections (a) and (c), Section 614.013, Health |
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and Safety Code, are amended to read as follows: |
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�������(a)��The Texas Department of Criminal Justice, the [Texas] |
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Department of State�[Mental] Health Services�[and Mental
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Retardation], the bureau of identification and records of the |
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Department of Public Safety,�representatives of local mental health |
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or mental retardation authorities appointed by the commissioner of |
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the [Texas] Department of State�[Mental] Health Services�[and
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Mental Retardation], and the directors of community supervision and |
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corrections departments shall adopt a memorandum of understanding |
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that establishes their respective responsibilities to institute a |
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continuity of care and service program for offenders with mental |
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impairments in the criminal justice system. The office shall |
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coordinate and monitor the development and implementation of the |
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memorandum of understanding. |
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�������(c)��The Texas Department of Criminal Justice, the [Texas] |
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Department of State�[Mental] Health Services�[and Mental
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Retardation], local mental health or mental retardation |
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authorities, and community supervision and corrections departments |
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shall: |
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�������������(1)��operate the continuity of care and service program |
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for offenders with mental impairments in the criminal justice |
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system with funds appropriated for that purpose; and |
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�������������(2)��actively seek federal grants or funds to operate |
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and expand the program. |
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�������SECTION�3.��Section 614.015, Health and Safety Code, is |
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amended to read as follows: |
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�������Sec.�614.015.��CONTINUITY OF CARE FOR PHYSICALLY DISABLED, |
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TERMINALLY ILL, OR SIGNIFICANTLY ILL OFFENDERS. (a)��The Texas |
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Department of Criminal Justice, the Department of Assistive and |
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Rehabilitative Services [Texas Rehabilitation Commission, the
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Texas Commission for the Blind, the Texas Commission for the Deaf
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and Hard of Hearing], the [Texas] Department of State Health |
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Services, and the [Texas] Department of Aging and Disability |
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[Human] Services by rule shall adopt a memorandum of understanding |
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that establishes their respective responsibilities to institute a |
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continuity of care and service program for offenders in the |
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criminal justice system who are physically disabled, terminally |
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ill, or significantly ill. The council shall coordinate and |
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monitor the development and implementation of the memorandum of |
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understanding. |
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�������(b)��The memorandum of understanding must establish methods |
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for: |
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�������������(1)��identifying offenders in the criminal justice |
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system who are physically disabled, terminally ill, or |
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significantly ill; |
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�������������(2)��developing interagency rules, policies, and |
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procedures for the coordination of care of and the exchange of |
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information on offenders who are physically disabled, terminally |
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ill, or significantly ill by local and state criminal justice |
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agencies, the Texas Department of Criminal Justice, the Department |
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of Assistive and Rehabilitative Services [Texas Rehabilitation
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Commission, the Texas Commission for the Blind, the Texas
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Commission for the Deaf and Hard of Hearing], the [Texas] |
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Department of State Health Services, and the [Texas] Department of |
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Aging and Disability [Human] Services; and |
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�������������(3)��identifying the services needed by offenders who |
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are physically disabled, terminally ill, or significantly ill to |
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reenter the community successfully. |
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�������(c)��The Texas Department of Criminal Justice, the |
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Department of Assistive and Rehabilitative Services [Texas
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Rehabilitation Commission, the Texas Commission for the Blind, the
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Texas Commission for the Deaf and Hard of Hearing], the [Texas] |
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Department of State Health Services, and the [Texas] Department of |
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Aging and Disability�[Human] Services shall: |
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�������������(1)��operate, with funds appropriated for that purpose, |
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the continuity of care and service program for offenders in the |
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criminal justice system who are physically disabled, terminally |
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ill, or significantly ill; and |
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�������������(2)��actively seek federal grants or funds to operate |
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and expand the program. |
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�������SECTION�4.��Subsection (a), Section 614.016, Health and |
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Safety Code, is amended to read as follows: |
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�������(a)��The office, the Commission on Law Enforcement Officer |
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Standards and Education, the bureau of identification and records |
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of the Department of Public Safety,�and the Commission on Jail |
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Standards by rule shall adopt a memorandum of understanding that |
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establishes their respective responsibilities to institute a |
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continuity of care and service program for offenders in the |
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criminal justice system who are mentally impaired, elderly, |
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physically disabled, terminally ill, or significantly ill. |
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�������SECTION�5.��Section 614.017, Health and Safety Code, is |
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amended to read as follows: |
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�������Sec.�614.017.��EXCHANGE OF INFORMATION. �(a)��An agency |
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shall: |
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�������������(1)��accept information relating to a special needs |
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offender that is sent to the agency to serve the purposes of |
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continuity of care and services�[this chapter] regardless of |
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whether other state law makes that information confidential; and |
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�������������(2)��disclose information relating to a special needs |
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offender, including information about the offender's identity, |
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needs, treatment, social, criminal, and vocational history, |
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supervision status and compliance with conditions of supervision, |
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and medical and mental health history, if the disclosure serves the |
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purposes of continuity of care and services�[this chapter]. |
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�������(b)��Information obtained under this section may not be used |
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as evidence in any criminal proceeding, unless obtained and |
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introduced by other lawful evidentiary means. |
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�������(c)��In this section: |
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�������������(1)��"Agency" includes any of the following entities |
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and individuals, a person with an agency relationship with one of |
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the following entities or individuals, and a person who contracts |
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with one or more of the following entities or individuals: |
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�������������������(A)��the Texas Department of Criminal Justice and |
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the Correctional Managed Health Care Committee; |
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�������������������(B)��the Board of Pardons and Paroles; |
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�������������������(C)��the Department of State Health Services; |
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�������������������(D)��the Texas Juvenile Probation Commission; |
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�������������������(E)��the Texas Youth Commission; |
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�������������������(F)��the Department of Assistive and |
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Rehabilitative Services; |
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�������������������(G)��the Texas Education Agency; |
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�������������������(H)��the Commission on Jail Standards; |
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�������������������(I)��the Department of Aging and Disability |
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Services; |
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�������������������(J)��the Texas School for the Blind and Visually |
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Impaired; |
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�������������������(K)��community supervision and corrections |
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departments; |
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�������������������(L)��personal bond pretrial release offices |
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established under Article 17.42, Code of Criminal Procedure; |
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�������������������(M)��local jails regulated by the Commission on |
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Jail Standards; |
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�������������������(N)��a municipal or county health department; |
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�������������������(O)��a hospital district; |
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�������������������(P)��a judge of this state with jurisdiction over |
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criminal cases; [and] |
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�������������������(Q)��an attorney who is appointed or retained to |
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represent a special needs offender; |
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�������������������(R)��the Health and Human Services Commission; |
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�������������������(S)��the Department of Information Resources; and |
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�������������������(T)��the bureau of identification and records of |
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the Department of Public Safety, for the sole purpose of providing |
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real-time, contemporaneous identification of individuals in the |
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Department of State Health Services client data base. |
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�������������(2)��"Special needs offender" includes an individual |
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for whom criminal charges are pending or who after conviction or |
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adjudication is in custody or under any form of criminal justice |
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supervision. |
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�������(d)��An agency shall manage confidential information |
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accepted or disclosed under this section prudently so as to |
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maintain, to the extent possible, the confidentiality of that |
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information. |
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�������(e)��A person commits an offense if the person releases or |
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discloses confidential information obtained under this section for |
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purposes other than continuity of care and services, except as |
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authorized by other law or by the consent of the person to whom the |
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information relates. An offense under this subsection is a Class B |
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misdemeanor. |
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�������SECTION�6.��Subsection (b), Section 411.042, Government |
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Code, is 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 a statistical breakdown of |
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those offenses in which family violence was involved; |
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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; [and] |
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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)��collect and disseminate information regarding |
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offenders with mental impairments in compliance with Chapter 614, |
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Health and Safety Code. |
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�������SECTION�7.��This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�839 passed the Senate on |
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April�26,�2007, by the following vote: Yeas�31, Nays�0; and that |
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the Senate concurred in House amendment on May�26,�2007, by the |
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following vote: Yeas�30, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�839 passed the House, with |
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amendment, on May�23,�2007, by the following vote: Yeas�144, |
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Nays�0, two present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |