Sec. 110.156. ADJUDICATION INFORMATION. (a) The council shall establish a uniform method of obtaining adjudication information. The uniform method must require that:
(1) a complete set of fingerprints, the complete name of the person being investigated, or other information necessary to conduct a criminal history background check be submitted to the Department of Public Safety or another law enforcement agency; and
(2) if fingerprints are submitted, the fingerprints be submitted to the Federal Bureau of Investigation for further information if a relevant disqualifying record or other substantive information is not obtained from a state or local law enforcement agency.
(b) A law enforcement agency may provide to the council information about the conviction or deferred adjudication of a person being investigated only if the information:
(1) is relevant to the person's current or proposed registration; and
(2) was collected in accordance with this section.
(c) The council is not entitled to adjudication information that is not relevant. Adjudication information is relevant only if it relates to a conviction or deferred adjudication for:
(1) a sexual offense;
(2) murder, assault, battery, or any other offense involving personal injury or threat to another person; or
(3) a felony not listed in Subdivision (1) or (2).
(d) All adjudication information received by the council is privileged information and for the exclusive use of the council. The information may be released or otherwise disclosed to any other person or agency only:
(1) on court order; or
(2) with the consent of the person being investigated.
(e) The council by rule shall establish a method to collect and destroy adjudication information after the council makes a decision on the eligibility of the person for registration who is the subject of the information. The council shall destroy the adjudication information not later than the first anniversary of the date of the council's decision on the person's eligibility for registration.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Structure Texas Statutes
Subtitle A - Provisions Applying to Health Professions Generally
Chapter 110 - Council on Sex Offender Treatment
Subchapter D. Council Powers and Duties
Section 110.151. Treatment for Sex Offenders
Section 110.152. List and License Requirements
Section 110.153. Collection and Dissemination of Information
Section 110.154. Distribution of Money
Section 110.155. Agency Assistance
Section 110.156. Adjudication Information
Section 110.157. Continuing Education Programs
Section 110.160. Biennial Report
Section 110.161. Publication of List
Section 110.162. Confidentiality Required