| 1 | 1 | | S.B. No. 1930 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the use of a confidential identity for the plaintiff in |
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| 6 | 6 | | a civil action involving sexual abuse of a minor. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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| 9 | 9 | | amended by adding Section 30.013 to read as follows: |
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| 10 | 10 | | Sec. 30.013. CONFIDENTIAL IDENTITY IN ACTIONS INVOLVING |
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| 11 | 11 | | SEXUAL ABUSE OF A MINOR. (a) In this section: |
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| 12 | 12 | | (1) "Confidential identity" means: |
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| 13 | 13 | | (A) the use of a pseudonym; and |
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| 14 | 14 | | (B) the absence of any other identifying |
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| 15 | 15 | | information, including address, telephone number, and social |
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| 16 | 16 | | security number. |
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| 17 | 17 | | (2) "Plaintiff" means: |
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| 18 | 18 | | (A) an individual younger than 18 years of age |
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| 19 | 19 | | seeking recovery of damages or other relief; and |
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| 20 | 20 | | (B) the parents or legal guardian of the |
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| 21 | 21 | | individual. |
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| 22 | 22 | | (b) This section applies only to a civil action against a |
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| 23 | 23 | | defendant in which a plaintiff seeks recovery of damages or other |
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| 24 | 24 | | relief based on conduct described as a felony in the following |
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| 25 | 25 | | sections of the Penal Code: |
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| 26 | 26 | | (1) Section 22.011 (sexual assault); or |
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| 27 | 27 | | (2) Section 22.021 (aggravated sexual assault). |
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| 28 | 28 | | (c) Except as otherwise provided by this section, in an |
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| 29 | 29 | | action to which this section applies, the court shall: |
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| 30 | 30 | | (1) make it known to the plaintiff as early as possible |
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| 31 | 31 | | in the proceedings of the action that the plaintiff may use a |
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| 32 | 32 | | confidential identity in relation to the action; |
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| 33 | 33 | | (2) allow a plaintiff to use a confidential identity |
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| 34 | 34 | | in all petitions, filings, and other documents presented to the |
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| 35 | 35 | | court; |
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| 36 | 36 | | (3) use the confidential identity in all of the court's |
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| 37 | 37 | | proceedings and records relating to the action, including any |
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| 38 | 38 | | appellate proceedings; and |
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| 39 | 39 | | (4) maintain the records relating to the action in a |
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| 40 | 40 | | manner that protects the confidentiality of the plaintiff. |
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| 41 | 41 | | (d) In a suit to which this section applies, only the |
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| 42 | 42 | | following persons are entitled to know the true identifying |
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| 43 | 43 | | information about the plaintiff: |
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| 44 | 44 | | (1) the judge; |
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| 45 | 45 | | (2) a party to the action; |
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| 46 | 46 | | (3) the attorney representing a party to the action; |
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| 47 | 47 | | and |
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| 48 | 48 | | (4) a person authorized by a written order of a court |
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| 49 | 49 | | specific to that person. |
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| 50 | 50 | | (e) The court shall order that a person entitled to know the |
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| 51 | 51 | | true identifying information under Subsection (d) may not divulge |
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| 52 | 52 | | that information to anyone without a written order of the court. A |
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| 53 | 53 | | court shall hold a person who violates the order in contempt. |
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| 54 | 54 | | (f) Notwithstanding Section 22.004, Government Code, the |
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| 55 | 55 | | supreme court may not amend or adopt rules in conflict with this |
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| 56 | 56 | | section. |
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| 57 | 57 | | (g) A plaintiff is not required to use a confidential |
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| 58 | 58 | | identity as provided by this section. |
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| 59 | 59 | | SECTION 2. This Act applies only to a cause of action |
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| 60 | 60 | | commenced on or after the effective date of this Act. An action |
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| 61 | 61 | | commenced before the effective date of this Act is governed by the |
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| 62 | 62 | | law applicable to the action as it existed immediately before the |
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| 63 | 63 | | effective date of this Act, and that law is continued in effect for |
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| 64 | 64 | | that purpose. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 66 | 66 | | ______________________________ ______________________________ |
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| 67 | 67 | | President of the Senate Speaker of the House |
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| 68 | 68 | | I hereby certify that S.B. No. 1930 passed the Senate on |
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| 69 | 69 | | April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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| 70 | 70 | | ______________________________ |
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| 71 | 71 | | Secretary of the Senate |
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| 72 | 72 | | I hereby certify that S.B. No. 1930 passed the House on |
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| 73 | 73 | | May 26, 2009, by the following vote: Yeas 146, Nays 1, one |
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| 74 | 74 | | present not voting. |
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| 75 | 75 | | ______________________________ |
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| 76 | 76 | | Chief Clerk of the House |
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| 77 | 77 | | Approved: |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Date |
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| 80 | 80 | | ______________________________ |
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| 81 | 81 | | Governor |
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