Texas 2015 - 84th Regular

Texas House Bill HB853 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18672 JRR-D
2	2	By: Sanford H.B. No. 853
3	3	Substitute the following for H.B. No. 853:
4	4	By: Dutton C.S.H.B. No. 853
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the confidentiality of information identifying
10	10	children who are victims of certain offenses; creating an offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 1, Code of Criminal Procedure, is amended
13	13	by adding Chapter 57A to read as follows:
14	14	CHAPTER 57A. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF CHILD
15	15	VICTIMS
16	16	Art. 57A.01. DEFINITIONS. In this chapter:
17	17	(1) "Child victim" means a person who while younger
18	18	than 17 years of age was the subject of an offense or an attempted
19	19	offense under the Penal Code.
20	20	(2) "Name" means the legal name of a person.
21	21	(3) "Pseudonym" means a set of initials or a
22	22	fictitious name chosen by the parent or guardian of a child victim
23	23	to designate the victim in all public files and records concerning
24	24	the offense, including police summary reports, press releases, and
25	25	records of judicial proceedings.
26	26	(4) "Public servant" has the meaning assigned by
27	27	Section 1.07(a), Penal Code.
28	28	Art. 57A.02. CONFIDENTIALITY OF FILES AND RECORDS. (a) The
29	29	office of the attorney general shall develop and distribute to all
30	30	law enforcement agencies of the state a pseudonym form to record the
31	31	name, address, telephone number, and pseudonym of a child victim.
32	32	(b) A parent or guardian of a child victim may choose a
33	33	pseudonym to be used instead of the victim's name to designate the
34	34	victim in all public files and records concerning the offense,
35	35	including police summary reports, press releases, and records of
36	36	judicial proceedings. A parent or guardian who elects to use a
37	37	pseudonym as provided by this article must complete a pseudonym
38	38	form developed under this article and return the form to the law
39	39	enforcement agency investigating the offense.
40	40	(c) A parent or guardian of a child victim who completes and
41	41	returns a pseudonym form to the law enforcement agency
42	42	investigating the offense may not be required to disclose the
43	43	victim's name, address, and telephone number in connection with the
44	44	investigation or prosecution of the offense.
45	45	(d) A completed and returned pseudonym form is confidential
46	46	and may not be disclosed to any person other than a defendant in the
47	47	case or the defendant's attorney, except on an order of a court of
48	48	competent jurisdiction. The court finding required by Subsection
49	49	(g) is not required to disclose the confidential pseudonym form to
50	50	the defendant in the case or to the defendant's attorney.
51	51	(e) If a parent or guardian of a child victim completes and
52	52	returns a pseudonym form to a law enforcement agency under this
53	53	article, the law enforcement agency receiving the form shall:
54	54	(1) remove the victim's name and substitute the
55	55	pseudonym for the name on all reports, files, and records in the
56	56	agency's possession;
57	57	(2) notify the attorney for the state of the pseudonym
58	58	and that a parent or guardian of the victim has elected that the
59	59	victim be designated by the pseudonym; and
60	60	(3) maintain the form in a manner that protects the
61	61	confidentiality of the information contained on the form.
62	62	(f) An attorney for the state who receives notice that a
63	63	parent or guardian of a child victim has elected that the victim be
64	64	designated by a pseudonym shall ensure that the victim is
65	65	designated by the pseudonym in all legal proceedings concerning the
66	66	offense.
67	67	(g) A court of competent jurisdiction may order the
68	68	disclosure of a child victim's name, address, and telephone number
69	69	only if the court finds that the information is essential in the
70	70	trial of the defendant for the offense or the identity of the victim
71	71	is in issue.
72	72	(h) Except as required or permitted by other law or by court
73	73	order, a public servant or other person who has access to or obtains
74	74	the name, address, telephone number, or other identifying
75	75	information of a child victim may not release or disclose the
76	76	identifying information to any person who is not assisting in the
77	77	investigation, prosecution, or defense of the case. This
78	78	subsection does not apply to the release or disclosure of a child
79	79	victim's identifying information by:
80	80	(1) the victim; or
81	81	(2) the parent or guardian of the victim.
82	82	Art. 57A.03. OFFENSE. (a) Unless the disclosure is
83	83	required or permitted by other law or by court order, a public
84	84	servant or other person commits an offense if the person:
85	85	(1) has access to or obtains the name, address, or
86	86	telephone number of a child victim; and
87	87	(2) knowingly discloses the name, address, or
88	88	telephone number of the victim to any person who is not assisting in
89	89	the investigation or prosecution of the offense or to any person
90	90	other than the defendant, the defendant's attorney, or a person
91	91	specified in an order of a court of competent jurisdiction.
92	92	(b) It is an affirmative defense to prosecution under
93	93	Subsection (a) that the actor is:
94	94	(1) the child victim; or
95	95	(2) the parent or guardian of the child victim.
96	96	(c) An offense under this article is a Class C misdemeanor.
97	97	SECTION 2. Section 51.17(h), Family Code, is amended to
98	98	read as follows:
99	99	(h) Articles 57.01, [and] 57.02, 57A.01, and 57A.02, Code of
100	100	Criminal Procedure, relating to the use of a pseudonym by a victim
101	101	in a criminal case, apply in a proceeding held under this title.
102	102	SECTION 3. Not later than October 1, 2015, the office of the
103	103	attorney general shall develop and distribute to all law
104	104	enforcement agencies of the state a pseudonym form to record the
105	105	name, address, telephone number, and pseudonym of a child victim as
106	106	required by Article 57A.02, Code of Criminal Procedure, as added by
107	107	this Act.
108	108	SECTION 4. This Act takes effect September 1, 2015.