Texas 2025 - 89th Regular

Texas House Bill HB1975

Voted on by House
 
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 and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.

Impact

The legislation has the potential to significantly shift how courts handle cases involving sexual offenses. By prohibiting the use of forensic evidence against victims, the bill seeks to create a supportive environment that encourages reporting and assists victims in their recovery. Furthermore, it mandates that any material related to the forensic examination, including recordings or images, be sealed and kept confidential unless ordered otherwise by a court, thereby prioritizing victim privacy throughout legal proceedings.

Summary

House Bill 1975 addresses crucial matters related to the privacy and protection of victims of sexual offenses and sex-based human trafficking. The bill proposes amendments to the Code of Criminal Procedure, specifically Articles 38.435, 38.451, and introduces articles concerning the management of evidence obtained from forensic examinations. It aims to ensure that evidence collected during medical examinations cannot be utilized against victims in investigations or prosecutions of certain offenses, which could deter victims from seeking necessary medical help or reporting crimes due to fear of self-incrimination.

Conclusion

If enacted, HB 1975 represents a significant move toward bolstering protections for victims of sexual violence, shifting the narrative to one that emphasizes the need for compassion and support in legal contexts. It underscores a growing recognition of the importance of victim rights while navigating the complexities of ensuring justice for all parties involved.

Contention

However, the Bill may not be without its contentious aspects. Some lawmakers may express concerns about the implications for the rights of the accused. By restricting the use of forensic evidence in certain circumstances, there could be apprehensions regarding the balance between a victim's privacy and the defendant's right to a fair trial. Additionally, questions may arise regarding the enforcement of confidentiality measures and the potential administrative burden this places on law enforcement and judicial entities.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Government Code

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

Companion Bills

TX SB836

Very Similar 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.

Previously Filed As

TX HB3005

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

TX SB1401

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX HB2668

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX HB1975

Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB1004

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of those offenses.

TX HB1940

Relating to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of sexual assault or aggravated sexual assault or an attempt or conspiracy to commit sexual assault or aggravated sexual assault.

TX HB4272

Relating to the disclosure of certain documentation and records concerning victims of sexual assault and other sex offenses.

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 HB1686

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.

TX HB1293

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

CA AB1979

Doxing Victims Recourse Act.

CA AB800

Civil actions: confidentiality.

TX HB853

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