84R18672 JRR-D
By: Sanford H.B. No. 853
Substitute the following for H.B. No. 853:
By: Dutton C.S.H.B. No. 853
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of information identifying
children who are victims of certain offenses; creating an 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 CHILD
VICTIMS
Art. 57A.01. DEFINITIONS. In this chapter:
(1) "Child victim" means a person who while younger
than 17 years of age was the subject of an offense or an attempted
offense under the Penal Code.
(2) "Name" means the legal name of a person.
(3) "Pseudonym" means a set of initials or a
fictitious name chosen by the parent or guardian of a child 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.
(4) "Public servant" has the meaning assigned by
Section 1.07(a), 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 child victim.
(b) A parent or guardian of a child 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 parent or guardian 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 parent or guardian of a child 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 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 defendant in the case or to the defendant's attorney.
(e) If a parent or guardian of a child 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 a parent or guardian of the victim has elected that the
victim be designated by the pseudonym; and
(3) 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
parent or guardian of a child victim has elected that the victim 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 child victim's name, address, and telephone number
only if the court finds that the information is essential in the
trial of the defendant for the offense or the identity of the victim
is in issue.
(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 child victim 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 child
victim's identifying information by:
(1) the victim; or
(2) the parent or guardian of the victim.
Art. 57A.03. OFFENSE. (a) Unless the disclosure is
required or permitted by other law or by court order, 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 child victim; 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.
(b) It is an affirmative defense to prosecution under
Subsection (a) that the actor is:
(1) the child victim; or
(2) the parent or guardian of the child victim.
(c) An offense under this article is a Class C misdemeanor.
SECTION 2. Section 51.17(h), Family Code, is amended to
read as follows:
(h) Articles 57.01, [and] 57.02, 57A.01, and 57A.02, Code of
Criminal Procedure, relating to the use of a pseudonym by a victim
in a criminal case, apply in a proceeding held under this title.
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 child 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.