Texas 2025 - 89th Regular

Texas House Bill HB1686

Filed
12/20/24  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature, to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts, and to the duties of peace officers regarding interactions with those victims.

Impact

If enacted, HB 1686 will create clearer guidelines for how victims of sexual offenses are treated within the legal system. Key provisions include the sealing of forensic evidence and restrictions on the public dissemination of materials related to these cases, which could lead to more victims coming forward without fear of having their identities exposed. Furthermore, the bill mandates the use of pseudonyms for victims in court records, reducing the chances of public exposure. Such protections could encourage reports of crimes that are often underreported due to privacy concerns.

Summary

House Bill 1686 aims to enhance the protection and confidentiality of victims involved in sex offenses and sex-based human trafficking cases. The legislation proposes significant changes to the Texas Code of Criminal Procedure, particularly concerning the use of evidence collected during forensic medical examinations and the management of victims' personal information. This bill introduces measures to prevent the misuse of such evidence in prosecuting offenses committed by the victim, ensuring that sensitive information remains protected during criminal proceedings.

Sentiment

The sentiment surrounding HB 1686 appears to be largely positive among advocates for victims' rights, who see the bill as a crucial step toward providing protections for individuals who have endured trauma. Lawmakers are recognizing the importance of victim confidentiality, which could lead to broader acceptance of protective measures in future legislation. However, there are potential concerns about how these privacy measures will be balanced with the rights of defendants, which may lead to discussions and debates as the bill progresses through the legislative process.

Contention

Notable points of contention include the implications of increased confidentiality for victims versus the potential impact on judicial transparency. While proponents of the bill argue that victims should have the right to protect their identities and personal information, critics may raise concerns about the fairness of trials and the accessibility of information in the interest of justice. The bill's requirement that electronic transmissions of sensitive court proceedings must have explicit consent from victims and other parties involved will also likely be subject to scrutiny, as stakeholders weigh the need for privacy against the principles of open court access.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 38. Evidence In Criminal Actions
    • Section: 435
    • Section: 451
    • Section: 435
    • Section: 451
    • Section: 435
    • Section: 451
  • Chapter 39. Depositions And Discovery
    • Section: 14
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 21. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 552. Public Information
    • Section: New Section

Companion Bills

TX SB836

Identical Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.

Similar Bills

TX SB836

Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.

TX HB1293

Relating to the confidentiality of identifying information of victims of stalking; creating a criminal offense.

TX HB1975

Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.

TX HB853

Relating to the confidentiality of information identifying children who are victims of certain offenses; creating an offense.

TX HB4323

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

TX HB1091

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

TX HB2329

Relating to the confidentiality of certain information regarding victims of trafficking of persons and to the issuance and enforcement of protective orders to protect victims of trafficking of persons; providing penalties.