1 | 1 | | 87R9808 MTB-F |
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2 | 2 | | By: Romero, Jr. H.B. No. 3632 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of a continuity of care and service program |
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8 | 8 | | for veteran offenders; creating a criminal offense. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 434, Government Code, is amended by |
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11 | 11 | | adding Subchapter J to read as follows: |
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12 | 12 | | SUBCHAPTER J. CONTINUITY OF CARE FOR VETERAN OFFENDERS |
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13 | 13 | | Sec. 434.421. DEFINITIONS. In this subchapter: |
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14 | 14 | | (1) "Commission" means the Texas Veterans Commission. |
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15 | 15 | | (2) "Veteran offender" includes a veteran of or a |
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16 | 16 | | person serving on active duty in the armed forces of the United |
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17 | 17 | | States for whom criminal charges are pending or who after |
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18 | 18 | | conviction or adjudication is in custody or under any form of |
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19 | 19 | | criminal justice supervision. |
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20 | 20 | | Sec. 434.422. CONTINUITY OF CARE AND SERVICE PROGRAM FOR |
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21 | 21 | | VETERAN OFFENDERS. (a) The commission, the criminal justice |
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22 | 22 | | division of the governor's office, the Texas Workforce Commission, |
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23 | 23 | | the Veterans' Land Board, the Commission on Jail Standards, the |
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24 | 24 | | Texas Department of Criminal Justice, the Health and Human Services |
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25 | 25 | | Commission, the bureau of identification and records of the |
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26 | 26 | | Department of Public Safety, representatives of local mental health |
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27 | 27 | | authorities appointed by the commissioner of the Department of |
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28 | 28 | | State Health Services, the directors of community supervision and |
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29 | 29 | | corrections departments, and representatives of veterans treatment |
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30 | 30 | | court programs established under Chapter 124 shall adopt a |
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31 | 31 | | memorandum of understanding that establishes their respective |
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32 | 32 | | responsibilities to institute a continuity of care and service |
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33 | 33 | | program for veteran offenders in the criminal justice system. The |
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34 | 34 | | criminal justice division of the governor's office shall coordinate |
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35 | 35 | | and monitor the development and implementation of the memorandum of |
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36 | 36 | | understanding. |
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37 | 37 | | (b) The memorandum of understanding must establish methods |
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38 | 38 | | for: |
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39 | 39 | | (1) identifying veteran offenders in the criminal |
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40 | 40 | | justice system using data made available from the Veterans Reentry |
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41 | 41 | | Search Service operated by the United States Department of Veterans |
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42 | 42 | | Affairs or a similar service; |
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43 | 43 | | (2) developing interagency rules, policies, and |
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44 | 44 | | procedures for the coordination of care of and exchange of |
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45 | 45 | | information on veteran offenders by the entities listed in |
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46 | 46 | | Subsection (a); and |
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47 | 47 | | (3) connecting veteran offenders to services needed to |
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48 | 48 | | reenter the community successfully using a coordinated online |
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49 | 49 | | network of public, private, and nonprofit organizations serving |
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50 | 50 | | veterans, service members, and their families across service |
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51 | 51 | | regions in this state that is funded by the Texas Workforce |
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52 | 52 | | Commission. |
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53 | 53 | | (c) The entities listed in Subsection (a) shall: |
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54 | 54 | | (1) operate the continuity of care and service program |
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55 | 55 | | for veteran offenders in the criminal justice system with any funds |
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56 | 56 | | appropriated for that purpose; and |
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57 | 57 | | (2) actively seek federal grants or funds to operate |
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58 | 58 | | and expand the program. |
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59 | 59 | | Sec. 434.423. EXCHANGE OF INFORMATION. (a) The entities |
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60 | 60 | | listed in Section 434.422(a) shall: |
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61 | 61 | | (1) accept information relating to a veteran offender |
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62 | 62 | | that is sent to the entity to serve the purposes of continuity of |
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63 | 63 | | care and services; and |
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64 | 64 | | (2) disclose information relating to a veteran |
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65 | 65 | | offender, including information about the offender's identity, |
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66 | 66 | | needs, treatment, social, criminal, and vocational history, |
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67 | 67 | | supervision status and compliance with conditions of supervision, |
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68 | 68 | | and medical and mental health history, if the disclosure serves the |
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69 | 69 | | purposes of continuity of care and services. |
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70 | 70 | | (b) Information obtained under this section may not be used |
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71 | 71 | | as evidence in any criminal proceeding, unless obtained and |
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72 | 72 | | introduced by other lawful evidentiary means. |
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73 | 73 | | (c) An entity listed in Section 434.422(a) shall manage |
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74 | 74 | | confidential information accepted or disclosed under this section |
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75 | 75 | | prudently so as to maintain the confidentiality of that |
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76 | 76 | | information. |
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77 | 77 | | (d) A person commits an offense if the person releases or |
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78 | 78 | | discloses confidential information obtained under this section for |
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79 | 79 | | purposes other than continuity of care and services. An offense |
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80 | 80 | | under this subsection is a Class B misdemeanor. |
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81 | 81 | | (e) It is an exception to the application of Subsection (d) |
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82 | 82 | | that the person's release or disclosure of information was |
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83 | 83 | | authorized by other law or with the consent of the person to whom |
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84 | 84 | | the information relates. |
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85 | 85 | | SECTION 2. Section 411.042, Government Code, is amended by |
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86 | 86 | | adding Subsection (k) to read as follows: |
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87 | 87 | | (k) The bureau of identification and records shall collect |
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88 | 88 | | and disseminate information regarding veteran offenders in |
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89 | 89 | | compliance with Subchapter J, Chapter 434. |
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90 | 90 | | SECTION 3. This Act takes effect September 1, 2021. |
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