S.B. No. 1930
AN ACT
relating to the use of a confidential identity for the plaintiff in
a civil action involving sexual abuse of a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.013 to read as follows:
Sec. 30.013. CONFIDENTIAL IDENTITY IN ACTIONS INVOLVING
SEXUAL ABUSE OF A MINOR. (a) In this section:
(1) "Confidential identity" means:
(A) the use of a pseudonym; and
(B) the absence of any other identifying
information, including address, telephone number, and social
security number.
(2) "Plaintiff" means:
(A) an individual younger than 18 years of age
seeking recovery of damages or other relief; and
(B) the parents or legal guardian of the
individual.
(b) This section applies only to a civil action against a
defendant in which a plaintiff seeks recovery of damages or other
relief based on conduct described as a felony in the following
sections of the Penal Code:
(1) Section 22.011 (sexual assault); or
(2) Section 22.021 (aggravated sexual assault).
(c) Except as otherwise provided by this section, in an
action to which this section applies, the court shall:
(1) make it known to the plaintiff as early as possible
in the proceedings of the action that the plaintiff may use a
confidential identity in relation to the action;
(2) allow a plaintiff to use a confidential identity
in all petitions, filings, and other documents presented to the
court;
(3) use the confidential identity in all of the court's
proceedings and records relating to the action, including any
appellate proceedings; and
(4) maintain the records relating to the action in a
manner that protects the confidentiality of the plaintiff.
(d) In a suit to which this section applies, only the
following persons are entitled to know the true identifying
information about the plaintiff:
(1) the judge;
(2) a party to the action;
(3) the attorney representing a party to the action;
and
(4) a person authorized by a written order of a court
specific to that person.
(e) The court shall order that a person entitled to know the
true identifying information under Subsection (d) may not divulge
that information to anyone without a written order of the court. A
court shall hold a person who violates the order in contempt.
(f) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
(g) A plaintiff is not required to use a confidential
identity as provided by this section.
SECTION 2. This Act applies only to a cause of action
commenced on or after the effective date of this Act. An action
commenced before the effective date of this Act is governed by the
law applicable to the action as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1930 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1930 passed the House on
May 26, 2009, by the following vote: Yeas 146, Nays 1, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor