Highlights 77th Texas Legislature - Senate

________________ C RIMINAL
USTICE/General/General
RIMINAL JUSTICE
77 th Texas Legislature
Prohibits a person from capturing an in individual’s biometric identifier (retina or iris scan, fingerprint,
voiceprint, or record of hand or face geometry) for a commercial purpose without receiving the individual’s
consent to capture the identifier.
Prohibits a person or governmental body from selling, leasing, or otherwise disclosing a person's biometric
identifier, unless certain conditions are met.
Requires a person or governmental body to store, transmit, and protect from disclosure the biometric
identifier in a manner that is equal to or more protective than that of other confidential information.
Exempts biometric identifiers in the possession of a governmental body from the Public Information Act.
Long-Term Medical Care for TDCJ Inmates in Alternative Facilities - H.B. 772
by Representatives Haggerty and Allen
Senate Sponsor: Senator Armbrister
Currently, the Texas Department of Criminal Justice (TDCJ) houses more than 1,000 elderly inmates,
approximately 200 of whom suffer from chronic medical conditions that require 24-hour nursing care.
TDCJ's elderly population is expected to rise to more than 10,000 by 2008. The legislature has created a
special needs parole program to release these inmates to alternative facilities where federal funds can be
used to defray some of their expenses. This legislation:
Authorizes the release of inmates needing long-term care into a medically recommended intensive
supervision program.
Defendants Who May Have Mental Illness or Mental Retardation - H.B. 1071
by Representatives Farabee and Uher
Senate Sponsor: Senator Armbrister
Although there are a number of mechanisms in place to divert certain offenders with mental illness or
mental retardation from jails to appropriate facilities, current law does not expressly define the procedures
for diverting persons to these mental health facilities. As a result, many judges and attorneys are uncertain
of how to determine which individuals are appropriate for diversion and may be hesitant to divert individuals
to mental health facilities.
Incorporates specific references to the role of local mental health and mental retardation authorities in
performing evaluations of defendants and making recommendations to the court in regard to diverting
certain offenders from jail to mental health facilities.
Modifies the content of the defendant's evaluation report and provisions relating to mental health
examinations and the release of a defendant on personal bond.
Senate Research Center 52