Texas House Bill HB3005

Texas 2023 - 88th Regular

• Filed: 2/28/23
• Out of House Committee: 5/4/23
• Voted on by House: 5/12/23
• Out of Senate Committee: 5/19/23

Caption

Relating to the confidentiality of identifying information of victims of certain offenses.

Impact

The introduction of HB 3005 is expected to have significant implications for state laws relating to victim privacy and protection. By safeguarding the identities of individuals who report such offenses, the bill aims to encourage more victims to come forward, which is crucial in the fight against domestic violence and similar crimes. Advocates argue that the bill is a necessary step toward creating a more supportive environment for victims, potentially resulting in increased reporting and successful prosecution of these offenses.

Summary

House Bill 3005 aims to enhance the confidentiality protections for victims of specific offenses such as stalking, invasive visual recording, and indecent assault. The bill defines a 'victim' as someone who is the subject of these offenses or any related criminal episode. By amending existing provisions in the Code of Criminal Procedure, the legislation seeks to ensure that the identifying information of these victims is kept confidential, thereby promoting their safety and privacy, particularly in the context of judicial proceedings. The bill is set to take effect on September 1, 2023.

Sentiment

The sentiment surrounding HB 3005 appears to be largely positive, particularly among advocacy groups and lawmakers who support victim rights and protections. During discussions in the Criminal Justice Committee, there was an emphasis on the importance of protecting victim identities to foster confidence in the reporting process. However, some concerns may arise regarding the practical implications of implementing these confidentiality measures, although there have been no significant recorded opposition in the testimonies during committee hearings.

Contention

While HB 3005 has strong support, its implementation may lead to discussions around balancing victim privacy with the transparency needed in judicial proceedings. Some stakeholders could express concerns regarding how confidentiality is maintained, particularly in cases where the identity of a perpetrator or additional context is necessary for public interest. However, the bill is primarily focused on protecting victims, aiming to centralize efforts in ensuring their safety and well-being during a vulnerable time.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 58. Confidentiality Of Identifying Information And Medical Records Of Certain Crime Victims
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 42. Disorderly Conduct And Related Offenses
  • Section: 072

• Chapter 21. Sexual Offenses
  • Section: 15

• Chapter 22. Assaultive Offenses
  • Section: New Section