Texas 2009 - 81st Regular

Texas Senate Bill SB1626 Compare Versions

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1	1	By: Wentworth S.B. No. 1626
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the reporting of certain confidential statements made
7	7	to a mental health professional.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 611.004, Health and Safety Code, is
10	10	amended by adding Subsection (e) to read as follows:
11	11	(e) A professional to whom a patient communicates a threat
12	12	of physical violence against a reasonably identifiable person shall
13	13	report the threat to a local law enforcement agency if the
14	14	professional determines in good faith that disclosure of the threat
15	15	is necessary to protect the health or safety of a person. A
16	16	professional who discloses confidential information in accordance
17	17	with this subsection is immune from civil or criminal liability for
18	18	that disclosure.
19	19	SECTION 2. Title 1, Code of Criminal Procedure, is amended
20	20	by adding Chapter 5A to read as follows:
21	21	CHAPTER 5A. PREVENTION OF CERTAIN THREATENED PHYSICAL VIOLENCE
22	22	Art. 5A.01. REPORTS OF VIOLENT THREATS REQUIRED. (a) A
23	23	peace officer who receives from a mental health professional a
24	24	report of a threat of physical violence in accordance with Section
25	25	611.004(e), Health and Safety Code, shall make a written report
26	26	that includes:
27	27	(1) the names of the person making the threat, the
28	28	person who is the reasonably identifiable target of the threat, and
29	29	the mental health professional making the report; and
30	30	(2) a description of the threat.
31	31	(b) A peace officer who receives from a mental health
32	32	professional a report of a threat of physical violence in
33	33	accordance with Section 611.004(e), Health and Safety Code, shall
34	34	provide a copy of the report to:
35	35	(1) the Department of State Health Services; and
36	36	(2) the bureau of identification and records of the
37	37	Department of Public Safety of the State of Texas for the bureau's
38	38	recordkeeping function under Section 411.042, Government Code.
39	39	Art. 5A.02. CERTAIN RECORDKEEPING REQUIRED. (a) Each
40	40	local law enforcement agency shall establish a departmental code
41	41	for identifying and retrieving reports received under Article
42	42	5A.01.
43	43	(b) In order to ensure that an officer investigating an
44	44	incident or responding to a disturbance call that involves or may
45	45	involve physical violence or threats of physical violence is aware
46	46	of the existence of a report made under Article 5A.01(a), each local
47	47	law enforcement agency shall establish procedures within the agency
48	48	to provide to officers adequate information or access to
49	49	information concerning the identity of a person identified in a
50	50	report as a person who has previously made a threat of physical
51	51	violence.
52	52	(c) The district or county attorney exercising authority in
53	53	the county in which the law enforcement agency has jurisdiction is
54	54	entitled to access the records created under this chapter.
55	55	SECTION 3. Subsection (b), Section 411.042, Government
56	56	Code, as amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372
57	57	(S.B. 9), Acts of the 80th Legislature, Regular Session, 2007, is
58	58	reenacted and amended to read as follows:
59	59	(b) The bureau of identification and records shall:
60	60	(1) procure and file for record photographs, pictures,
61	61	descriptions, fingerprints, measurements, and other pertinent
62	62	information of all persons arrested for or charged with a criminal
63	63	offense or convicted of a criminal offense, regardless of whether
64	64	the conviction is probated;
65	65	(2) collect information concerning the number and
66	66	nature of offenses reported or known to have been committed in the
67	67	state and the legal steps taken in connection with the offenses, and
68	68	other information useful in the study of crime and the
69	69	administration of justice, including information that enables the
70	70	bureau to create a statistical breakdown of offenses in which
71	71	family violence was involved and a statistical breakdown of
72	72	offenses under Sections 22.011 and 22.021, Penal Code;
73	73	(3) make ballistic tests of bullets and firearms and
74	74	chemical analyses of bloodstains, cloth, materials, and other
75	75	substances for law enforcement officers of the state;
76	76	(4) cooperate with identification and crime records
77	77	bureaus in other states and the United States Department of
78	78	Justice;
79	79	(5) maintain a list of all previous background checks
80	80	for applicants for any position regulated under Chapter 1702,
81	81	Occupations Code, who have undergone a criminal history background
82	82	check under Section 411.119, if the check indicates a Class B
83	83	misdemeanor or equivalent offense or a greater offense;
84	84	(6) collect information concerning the number and
85	85	nature of protective orders and all other pertinent information
86	86	about all persons on active protective orders. Information in the
87	87	law enforcement information system relating to an active protective
88	88	order shall include:
89	89	(A) the name, sex, race, date of birth, personal
90	90	descriptors, address, and county of residence of the person to whom
91	91	the order is directed;
92	92	(B) any known identifying number of the person to
93	93	whom the order is directed, including the person's social security
94	94	number or driver's license number;
95	95	(C) the name and county of residence of the
96	96	person protected by the order;
97	97	(D) the residence address and place of employment
98	98	or business of the person protected by the order, unless that
99	99	information is excluded from the order under Section 85.007, Family
100	100	Code;
101	101	(E) the child-care facility or school where a
102	102	child protected by the order normally resides or which the child
103	103	normally attends, unless that information is excluded from the
104	104	order under Section 85.007, Family Code;
105	105	(F) the relationship or former relationship
106	106	between the person who is protected by the order and the person to
107	107	whom the order is directed; and
108	108	(G) the date the order expires; [and]
109	109	(7) grant access to criminal history record
110	110	information in the manner authorized under Subchapter F;
111	111	(8) [(7)] collect and disseminate information
112	112	regarding offenders with mental impairments in compliance with
113	113	Chapter 614, Health and Safety Code; and
114	114	(9) collect and disseminate information regarding
115	115	reports of violent threats in compliance with Chapter 5A, Code of
116	116	Criminal Procedure.
117	117	SECTION 4. Subsection (e), Section 611.004, Health and
118	118	Safety Code, as added by this Act, applies only to a disclosure of
119	119	confidential information made on or after the effective date of
120	120	this Act.
121	121	SECTION 5. This Act takes effect September 1, 2009.