HBA-ATS, NIK H.B. 3256 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3256
By: Farrar
Corrections
10/5/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Texas law permitted state agencies
authorized to provide continuity of care for a special needs offender to
receive and distribute information relating to a special needs offender.
This shared information allowed these agencies to provide continuous care
to offenders with mental or physical impairments.  H.B. 3256 amended the
law to authorize certain agencies, including criminal justice, human
services, and educational agencies, to receive and disclose information
regarding special needs offenders.  This bill also permits an agency to
disclose information about the offender's supervision status and compliance
with conditions of supervision. In addition, this bill redefines "special
needs offender" to mean an individual for whom criminal charges are pending
or who after conviction or adjudication is in custody or under any form of
criminal justice supervision. 

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 614.017, Health and Safety Code, as follows:

(a) Authorizes an agency, rather than an agency authorized to provide
continuity of care for a special needs offender, to disclose information
about the identity of a special needs offender, including the offender's
supervision status and compliance with conditions of supervision. 

(b) Makes no change.

(c)  Provides that "agency" includes any of the specified entities, rather
than a division within an agency, a person with an agency relationship with
one of the specified entities, rather than an agency, and a person who
contracts with one or more of the specified entities.  Redefines "special
needs offender" to mean an individual for whom criminal charges are pending
or who after conviction or adjudication is in custody or under any form of
criminal justice supervision, rather than a convicted felon or an
individual who is placed on community supervision after a grant of deferred
adjudication under Section 5 (Deferred Adjudication; Community
Supervision), Article 42.12 (Community Supervision), Code of Criminal
Procedure. 


SECTION 2.  Emergency clause.
  Effective date: upon passage.