84R18359 JRR-D
By: Alvarado, Herrero, Davis of Harris, Dale, H.B. No. 1293
Moody
Substitute the following for H.B. No. 1293:
By: Herrero C.S.H.B. No. 1293
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of identifying information of
victims of stalking; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 57A to read as follows:
CHAPTER 57A. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
VICTIMS OF STALKING
Art. 57A.01. DEFINITIONS. In this chapter:
(1) "Name" means the legal name of a person.
(2) "Pseudonym" means a set of initials or a
fictitious name chosen by a victim to designate the victim in all
public files and records concerning the offense, including police
summary reports, press releases, and records of judicial
proceedings.
(3) "Public servant" has the meaning assigned by
Section 1.07(a), Penal Code.
(4) "Victim" means a person who is the subject of:
(A) an offense that allegedly constitutes
stalking under Section 42.072, Penal Code; or
(B) an offense that is part of the same criminal
episode, as defined by Section 3.01, Penal Code, as an offense under
Section 42.072, Penal Code.
Art. 57A.02. CONFIDENTIALITY OF FILES AND RECORDS. (a) The
office of the attorney general shall develop and distribute to all
law enforcement agencies of the state a pseudonym form to record the
name, address, telephone number, and pseudonym of a victim.
(b) A victim may choose a pseudonym to be used instead of the
victim's name to designate the victim in all public files and
records concerning the offense, including police summary reports,
press releases, and records of judicial proceedings. A victim who
elects to use a pseudonym as provided by this article must complete
a pseudonym form developed under this article and return the form to
the law enforcement agency investigating the offense.
(c) A victim who completes and returns a pseudonym form to
the law enforcement agency investigating the offense may not be
required to disclose the victim's name, address, and telephone
number in connection with the investigation or prosecution of the
offense.
(d) A completed and returned pseudonym form is confidential
and may not be disclosed to any person other than the victim
identified by the pseudonym form, a defendant in the case, or the
defendant's attorney, except on an order of a court of competent
jurisdiction. The court finding required by Subsection (g) is not
required to disclose the confidential pseudonym form to the victim
identified by the pseudonym form, the defendant in the case, or the
defendant's attorney.
(e) If a victim completes and returns a pseudonym form to a
law enforcement agency under this article, the law enforcement
agency receiving the form shall:
(1) remove the victim's name and substitute the
pseudonym for the name on all reports, files, and records in the
agency's possession;
(2) notify the attorney for the state of the pseudonym
and that the victim has elected to be designated by the pseudonym;
(3) provide to the victim a copy of the completed
pseudonym form showing that the form was returned to the law
enforcement agency; and
(4) maintain the form in a manner that protects the
confidentiality of the information contained on the form.
(f) An attorney for the state who receives notice that a
victim has elected to be designated by a pseudonym shall ensure that
the victim is designated by the pseudonym in all legal proceedings
concerning the offense.
(g) A court of competent jurisdiction may order the
disclosure of a victim's name, address, and telephone number only
if the court finds that:
(1) the information is essential in the trial of the
defendant for the offense;
(2) the identity of the victim is in issue; or
(3) the disclosure is in the best interest of the
victim.
(h) Except as required or permitted by other law or by court
order, a public servant or other person who has access to or obtains
the name, address, telephone number, or other identifying
information of a victim younger than 17 years of age may not release
or disclose the identifying information to any person who is not
assisting in the investigation, prosecution, or defense of the
case. This subsection does not apply to the release or disclosure
of a victim's identifying information by:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 57A.01(4).
Art. 57A.03. OFFENSE. (a) A public servant with access to
the name, address, or telephone number of a victim 17 years of age
or older who has chosen a pseudonym under this chapter commits an
offense if the public servant knowingly discloses the name,
address, or telephone number of the victim to any person who is not
assisting in the investigation or prosecution of the offense or to
any person other than the defendant, the defendant's attorney, or
the person specified in the order of a court of competent
jurisdiction.
(b) Unless the disclosure is required or permitted by other
law, a public servant or other person commits an offense if the
person:
(1) has access to or obtains the name, address, or
telephone number of a victim younger than 17 years of age; and
(2) knowingly discloses the name, address, or
telephone number of the victim to any person who is not assisting in
the investigation or prosecution of the offense or to any person
other than the defendant, the defendant's attorney, or a person
specified in an order of a court of competent jurisdiction.
(c) It is an affirmative defense to prosecution under
Subsection (b) that the actor is:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 57A.01(4).
(d) An offense under this article is a Class C misdemeanor.
Art. 57A.04. EFFECT ON OTHER LAW. This chapter does not
affect:
(1) a victim's responsibility to provide documentation
of stalking under Section 92.0161, Property Code; or
(2) a person's power or duty to disclose the documented
information as provided by Subsection (j) of that section.
SECTION 2. Section 92.0161(c-1), Property Code, is amended
to read as follows:
(c-1) If the tenant is a victim or a parent or guardian of a
victim of stalking under Section 42.072, Penal Code, that takes
place during the preceding six-month period on the premises or at
any dwelling on the premises, the tenant shall provide to the
landlord or the landlord's agent a copy of:
(1) documentation of a protective order issued under
Chapter 7A or Article 6.09, Code of Criminal Procedure, except for a
temporary ex parte order; or
(2) documentation of the stalking from a provider of
services described by Subsection (c)(1), (2), or (3) and:
(A) a law enforcement incident report[;] or,
[(B)] if a law enforcement incident report is
unavailable, another record maintained in the ordinary course of
business by a law enforcement agency; and
(B) if the report or record described by
Paragraph (A) identifies the victim by means of a pseudonym, as
defined by Article 57A.01, Code of Criminal Procedure, a copy of a
pseudonym form completed and returned under Article 57A.02 of that
code.
SECTION 3. Not later than October 1, 2015, the office of the
attorney general shall develop and distribute to all law
enforcement agencies of the state a pseudonym form to record the
name, address, telephone number, and pseudonym of a victim as
required by Article 57A.02, Code of Criminal Procedure, as added by
this Act.
SECTION 4. This Act takes effect September 1, 2015.