Texas 2015 - 84th Regular

Texas House Bill HB1293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Alvarado, et al. (Senate Sponsor - Huffman) H.B. No. 1293
2		-	(In the Senate - Received from the House May 4, 2015;
3		-	May 5, 2015, read first time and referred to Committee on Criminal
4		-	Justice; May 13, 2015, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1293
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the confidentiality of identifying information of
12	6		victims of stalking; creating a criminal offense.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Title 1, Code of Criminal Procedure, is amended
15	9		by adding Chapter 57A to read as follows:
16	10		CHAPTER 57A. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
17	11		VICTIMS OF STALKING
18	12		Art. 57A.01. DEFINITIONS. In this chapter:
19	13		(1) "Name" means the legal name of a person.
20	14		(2) "Pseudonym" means a set of initials or a
21	15		fictitious name chosen by a victim to designate the victim in all
22	16		public files and records concerning the offense, including police
23	17		summary reports, press releases, and records of judicial
24	18		proceedings.
25	19		(3) "Public servant" has the meaning assigned by
26	20		Section 1.07(a), Penal Code.
27	21		(4) "Victim" means a person who is the subject of:
28	22		(A) an offense that allegedly constitutes
29	23		stalking under Section 42.072, Penal Code; or
30	24		(B) an offense that is part of the same criminal
31	25		episode, as defined by Section 3.01, Penal Code, as an offense under
32	26		Section 42.072, Penal Code.
33	27		Art. 57A.02. CONFIDENTIALITY OF FILES AND RECORDS. (a) The
34	28		office of the attorney general shall develop and distribute to all
35	29		law enforcement agencies of the state a pseudonym form to record the
36	30		name, address, telephone number, and pseudonym of a victim.
37	31		(b) A victim may choose a pseudonym to be used instead of the
38	32		victim's name to designate the victim in all public files and
39	33		records concerning the offense, including police summary reports,
40	34		press releases, and records of judicial proceedings. A victim who
41	35		elects to use a pseudonym as provided by this article must complete
42	36		a pseudonym form developed under this article and return the form to
43	37		the law enforcement agency investigating the offense.
44	38		(c) A victim who completes and returns a pseudonym form to
45	39		the law enforcement agency investigating the offense may not be
46	40		required to disclose the victim's name, address, and telephone
47	41		number in connection with the investigation or prosecution of the
48	42		offense.
49	43		(d) A completed and returned pseudonym form is confidential
50	44		and may not be disclosed to any person other than the victim
51	45		identified by the pseudonym form, a defendant in the case, or the
52	46		defendant's attorney, except on an order of a court of competent
53	47		jurisdiction. The court finding required by Subsection (g) is not
54	48		required to disclose the confidential pseudonym form to the victim
55	49		identified by the pseudonym form, the defendant in the case, or the
56	50		defendant's attorney.
57	51		(e) If a victim completes and returns a pseudonym form to a
58	52		law enforcement agency under this article, the law enforcement
59	53		agency receiving the form shall:
60	54		(1) remove the victim's name and substitute the
61	55		pseudonym for the name on all reports, files, and records in the
62	56		agency's possession;
63	57		(2) notify the attorney for the state of the pseudonym
64	58		and that the victim has elected to be designated by the pseudonym;
65	59		(3) provide to the victim a copy of the completed
66	60		pseudonym form showing that the form was returned to the law
67	61		enforcement agency; and
68	62		(4) maintain the form in a manner that protects the
69	63		confidentiality of the information contained on the form.
70	64		(f) An attorney for the state who receives notice that a
71	65		victim has elected to be designated by a pseudonym shall ensure that
72	66		the victim is designated by the pseudonym in all legal proceedings
73	67		concerning the offense.
74	68		(g) A court of competent jurisdiction may order the
75	69		disclosure of a victim's name, address, and telephone number only
76	70		if the court finds that:
77	71		(1) the information is essential in the trial of the
78	72		defendant for the offense;
79	73		(2) the identity of the victim is in issue; or
80	74		(3) the disclosure is in the best interest of the
81	75		victim.
82	76		(h) Except as required or permitted by other law or by court
83	77		order, a public servant or other person who has access to or obtains
84	78		the name, address, telephone number, or other identifying
85	79		information of a victim younger than 17 years of age may not release
86	80		or disclose the identifying information to any person who is not
87	81		assisting in the investigation, prosecution, or defense of the
88	82		case. This subsection does not apply to the release or disclosure
89	83		of a victim's identifying information by:
90	84		(1) the victim; or
91	85		(2) the victim's parent, conservator, or guardian,
92	86		unless the victim's parent, conservator, or guardian allegedly
93	87		committed the offense described by Article 57A.01(4).
94	88		Art. 57A.03. OFFENSE. (a) A public servant with access to
95	89		the name, address, or telephone number of a victim 17 years of age
96	90		or older who has chosen a pseudonym under this chapter commits an
97	91		offense if the public servant knowingly discloses the name,
98	92		address, or telephone number of the victim to any person who is not
99	93		assisting in the investigation or prosecution of the offense or to
100	94		any person other than the defendant, the defendant's attorney, or
101	95		the person specified in the order of a court of competent
102	96		jurisdiction.
103	97		(b) Unless the disclosure is required or permitted by other
104	98		law, a public servant or other person commits an offense if the
105	99		person:
106	100		(1) has access to or obtains the name, address, or
107	101		telephone number of a victim younger than 17 years of age; and
108	102		(2) knowingly discloses the name, address, or
109	103		telephone number of the victim to any person who is not assisting in
110	104		the investigation or prosecution of the offense or to any person
111	105		other than the defendant, the defendant's attorney, or a person
112	106		specified in an order of a court of competent jurisdiction.
113	107		(c) It is an affirmative defense to prosecution under
114	108		Subsection (b) that the actor is:
115	109		(1) the victim; or
116	110		(2) the victim's parent, conservator, or guardian,
117	111		unless the victim's parent, conservator, or guardian allegedly
118	112		committed the offense described by Article 57A.01(4).
119	113		(d) An offense under this article is a Class C misdemeanor.
120	114		Art. 57A.04. EFFECT ON OTHER LAW. This chapter does not
121	115		affect:
122	116		(1) a victim's responsibility to provide documentation
123	117		of stalking under Section 92.0161, Property Code; or
124	118		(2) a person's power or duty to disclose the documented
125	119		information as provided by Subsection (j) of that section.
126	120		SECTION 2. Section 92.0161(c-1), Property Code, is amended
127	121		to read as follows:
128	122		(c-1) If the tenant is a victim or a parent or guardian of a
129	123		victim of stalking under Section 42.072, Penal Code, that takes
130	124		place during the preceding six-month period on the premises or at
131	125		any dwelling on the premises, the tenant shall provide to the
132	126		landlord or the landlord's agent a copy of:
133	127		(1) documentation of a protective order issued under
134	128		Chapter 7A or Article 6.09, Code of Criminal Procedure, except for a
135	129		temporary ex parte order; or
136	130		(2) documentation of the stalking from a provider of
137	131		services described by Subsection (c)(1), (2), or (3) and:
138	132		(A) a law enforcement incident report[;] or,
139	133		[(B)] if a law enforcement incident report is
140	134		unavailable, another record maintained in the ordinary course of
141	135		business by a law enforcement agency; and
142	136		(B) if the report or record described by
143	137		Paragraph (A) identifies the victim by means of a pseudonym, as
144	138		defined by Article 57A.01, Code of Criminal Procedure, a copy of a
145	139		pseudonym form completed and returned under Article 57A.02 of that
146	140		code.
147	141		SECTION 3. Not later than October 1, 2015, the office of the
148	142		attorney general shall develop and distribute to all law
149	143		enforcement agencies of the state a pseudonym form to record the
150	144		name, address, telephone number, and pseudonym of a victim as
151	145		required by Article 57A.02, Code of Criminal Procedure, as added by
152	146		this Act.
153	147		SECTION 4. This Act takes effect September 1, 2015.
154		-	* * * * *
	148	+	______________________________ ______________________________
	149	+	President of the Senate Speaker of the House
	150	+	I certify that H.B. No. 1293 was passed by the House on April
	151	+	30, 2015, by the following vote: Yeas 136, Nays 0, 2 present, not
	152	+	voting.
	153	+	______________________________
	154	+	Chief Clerk of the House
	155	+	I certify that H.B. No. 1293 was passed by the Senate on May
	156	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	157	+	______________________________
	158	+	Secretary of the Senate
	159	+	APPROVED: _____________________
	160	+	Date
	161	+	_____________________
	162	+	Governor