Texas 2017 - 85th Regular

Texas House Bill HB2222 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	85R19931 MEW-D
2	2	By: Hunter, Herrero, King of Parker H.B. No. 2222
3	3	Substitute the following for H.B. No. 2222:
4	4	By: Moody C.S.H.B. No. 2222
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the confidentiality of home address information of
10	10	certain victims of family violence, sexual assault or abuse,
11	11	stalking, or trafficking of persons.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter C, Chapter 56, Code of
14	14	Criminal Procedure, is amended to read as follows:
15	15	SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF FAMILY
16	16	VIOLENCE, SEXUAL ASSAULT OR ABUSE, [OR] STALKING, OR TRAFFICKING OF
17	17	PERSONS
18	18	SECTION 2. Article 56.81, Code of Criminal Procedure, is
19	19	amended by adding Subdivisions (3-a), (6-a), (6-b), and (6-c) and
20	20	amending Subdivision (7) to read as follows:
21	21	(3-a) "Household" has the meaning assigned by Section
22	22	71.005, Family Code.
23	23	(6-a) "Sexual abuse" means any conduct that
24	24	constitutes an offense under Section 21.02, 21.11, or 25.02, Penal
25	25	Code.
26	26	(6-b) "Sexual assault" means any conduct that
27	27	constitutes an offense under Section 22.011 or 22.021, Penal Code.
28	28	(6-c) "Stalking" means any conduct that constitutes an
29	29	offense under Section 42.072, Penal Code.
30	30	(7) "Trafficking of persons" means any conduct that
31	31	constitutes an offense [that may be prosecuted] under Section
32	32	20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal
33	33	Code, and that results in a person:
34	34	(A) engaging in forced labor or services; or
35	35	(B) otherwise becoming a victim of the offense.
36	36	SECTION 3. Article 56.82(a), Code of Criminal Procedure, is
37	37	amended to read as follows:
38	38	(a) The attorney general shall establish an address
39	39	confidentiality program, as provided by this subchapter, to assist
40	40	a victim of family violence, sexual assault or abuse, stalking, or
41	41	trafficking of persons[, or an offense under Section 22.011,
42	42	22.021, 25.02, or 42.072, Penal Code,] in maintaining a
43	43	confidential address.
44	44	SECTION 4. Article 56.83, Code of Criminal Procedure, is
45	45	amended by amending Subsections (a), (b), and (e) and adding
46	46	Subsection (e-1) to read as follows:
47	47	(a) To be eligible to participate in the program, an
48	48	applicant must:
49	49	(1) either:
50	50	(A) meet with a victim's assistance counselor
51	51	from a state or local agency or other entity, whether for-profit or
52	52	nonprofit, that is identified by the attorney general as an entity
53	53	that provides [counseling and] shelter or civil legal services or
54	54	counseling to victims of family violence, sexual assault or abuse,
55	55	stalking, or trafficking of persons[, or an offense under Section
56	56	22.011, 22.021, 25.02, or 42.072, Penal Code];
57	57	(B) be protected under, or be filing an
58	58	application on behalf of a victim who is the applicant's child or
59	59	another person in the applicant's household and who is protected
60	60	under:
61	61	(i) a temporary injunction issued under
62	62	Subchapter F, Chapter 6, Family Code;
63	63	(ii) a temporary ex parte order issued
64	64	under Chapter 83, Family Code;
65	65	(iii) an order issued under Chapter 7A or
66	66	Article 6.09 of this code or Chapter 85, Family Code; or
67	67	(iv) a magistrate's order for emergency
68	68	protection issued under Article 17.292; or
69	69	(C) possess documentation of family violence, as
70	70	identified by the rules adopted under this section, or of sexual
71	71	assault or abuse or stalking, as described by Section 92.0161,
72	72	Property Code;
73	73	(2) file an application for participation with the
74	74	attorney general or a state or local agency or other entity
75	75	identified by the attorney general under Subdivision (1);
76	76	(3) file an affirmation that the applicant has
77	77	discussed safety planning with a victim's assistance counselor
78	78	described by Subdivision (1)(A);
79	79	(4) designate the attorney general as agent to receive
80	80	service of process and mail on behalf of the applicant; and
81	81	(5) [(4)] live at a residential address, or relocate
82	82	to a residential address, that is unknown to the person who
83	83	committed or is alleged to have committed the family violence,
84	84	sexual assault or abuse, stalking, or trafficking of persons[, or
85	85	an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
86	86	Code].
87	87	(b) An application under Subsection (a)(2) must contain:
88	88	(1) a signed, sworn statement by the applicant stating
89	89	that the applicant fears for the safety of the applicant, the
90	90	applicant's child, or another person in the applicant's household
91	91	because of a threat of immediate or future harm caused by the person
92	92	who committed or is alleged to have committed the family violence,
93	93	sexual assault or abuse, stalking, or [the] trafficking of
94	94	persons[, or an offense under Section 22.011, 22.021, 25.02, or
95	95	42.072, Penal Code];
96	96	(2) the applicant's true residential address and, if
97	97	applicable, the applicant's business and school addresses; and
98	98	(3) a statement by the applicant of whether there is an
99	99	existing court order or a pending court case for child support or
100	100	child custody or visitation that involves the applicant, the
101	101	applicant's child, or another person in the applicant's household
102	102	and, if so, the name and address of:
103	103	(A) the legal counsel of record; and
104	104	(B) each parent involved in the court order or
105	105	pending case.
106	106	(e) The attorney general by rule may establish additional
107	107	eligibility requirements for participation in the program that are
108	108	consistent with the purpose of the program as stated in Article
109	109	56.82(a).
110	110	(e-1) The attorney general may establish procedures for
111	111	requiring an applicant, in appropriate circumstances, to submit
112	112	with the application under Subsection (a)(2) independent
113	113	documentary evidence of family violence, sexual assault or abuse,
114	114	stalking, or trafficking of persons[, or an offense under Section
115	115	22.011, 22.021, 25.02, or 42.072, Penal Code,] in the form of:
116	116	(1) an active or recently issued [protective] order
117	117	described by Subsection (a)(1)(B);
118	118	(2) an incident report or other record maintained by a
119	119	law enforcement agency or official;
120	120	(3) a statement of a physician or other health care
121	121	provider regarding the [applicant's] medical condition of the
122	122	applicant, applicant's child, or other person in the applicant's
123	123	household as a result of the family violence, sexual assault or
124	124	abuse, stalking, or trafficking of persons[, or offense]; [or]
125	125	(4) a statement of a mental health professional, a
126	126	member of the clergy, an attorney or other legal advocate, a trained
127	127	staff member of a family violence center, or another professional
128	128	who has assisted the applicant, applicant's child, or other person
129	129	in the applicant's household in addressing the effects of the
130	130	family violence, sexual assault or abuse, stalking, or trafficking
131	131	of persons; or
132	132	(5) any other independent documentary evidence
133	133	necessary to show the applicant's eligibility to participate in the
134	134	program[, or offense].
135	135	SECTION 5. Article 56.90(a), Code of Criminal Procedure, is
136	136	amended to read as follows:
137	137	(a) The attorney general:
138	138	(1) shall disclose a participant's true residential,
139	139	business, or school address if:
140	140	(A) requested by:
141	141	(i) a law enforcement agency for the
142	142	purpose of conducting an investigation;
143	143	(ii) the Department of Family and
144	144	Protective Services for the purpose of conducting a child
145	145	protective services investigation under Chapter 261, Family Code;
146	146	or
147	147	(iii) the Department of State Health
148	148	Services or a local health authority for the purpose of making a
149	149	notification described by Article 21.31 of this code, Section
150	150	54.033, Family Code, or Section 81.051, Health and Safety Code; or
151	151	(B) required by court order; and
152	152	(2) may disclose a participant's true residential,
153	153	business, or school address if:
154	154	(A) the participant consents to the disclosure;
155	155	and
156	156	(B) the disclosure is necessary to administer the
157	157	program.
158	158	SECTION 6. Section 13.004(c), Election Code, is amended to
159	159	read as follows:
160	160	(c) The following information furnished on a registration
161	161	application is confidential and does not constitute public
162	162	information for purposes of Chapter 552, Government Code:
163	163	(1) a social security number;
164	164	(2) a Texas driver's license number;
165	165	(3) a number of a personal identification card issued
166	166	by the Department of Public Safety;
167	167	(4) an indication that an applicant is interested in
168	168	working as an election judge; [or]
169	169	(5) the residence address of the applicant, if the
170	170	applicant is a federal judge or state judge, as defined by Section
171	171	13.0021, the spouse of a federal judge or state judge, or an
172	172	individual to whom Section 552.1175, Government Code, applies and
173	173	the applicant:
174	174	(A) included an affidavit with the registration
175	175	application describing the applicant's status under this
176	176	subdivision, including an affidavit under Section 13.0021 if the
177	177	applicant is a federal judge or state judge or the spouse of a
178	178	federal judge or state judge;
179	179	(B) provided the registrar with an affidavit
180	180	describing the applicant's status under this subdivision,
181	181	including an affidavit under Section 15.0215 if the applicant is a
182	182	federal judge or state judge or the spouse of a federal judge or
183	183	state judge; or
184	184	(C) provided the registrar with a completed form
185	185	approved by the secretary of state for the purpose of notifying the
186	186	registrar of the applicant's status under this subdivision;
187	187	(6) the residence address of the applicant, if the
188	188	applicant, the applicant's child, or another person in the
189	189	applicant's household is a victim of family violence as defined by
190	190	Section 71.004, Family Code, who provided the registrar with:
191	191	(A) a copy of a protective order issued under
192	192	Chapter 85, Family Code, or a magistrate's order for emergency
193	193	protection issued under Article 17.292, Code of Criminal Procedure;
194	194	or
195	195	(B) other independent documentary evidence
196	196	necessary to show that the applicant, the applicant's child, or
197	197	another person in the applicant's household is a victim of family
198	198	violence;
199	199	(7) the residence address of the applicant, if the
200	200	applicant, the applicant's child, or another person in the
201	201	applicant's household is a victim of sexual assault or abuse,
202	202	stalking, or trafficking of persons who provided the registrar
203	203	with:
204	204	(A) a copy of a protective order issued under
205	205	Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
206	206	magistrate's order for emergency protection issued under Article
207	207	17.292, Code of Criminal Procedure; or
208	208	(B) other independent documentary evidence
209	209	necessary to show that the applicant, the applicant's child, or
210	210	another person in the applicant's household is a victim of sexual
211	211	assault or abuse, stalking, or trafficking of persons; or
212	212	(8) the residence address of the applicant, if the
213	213	applicant:
214	214	(A) is a participant in the address
215	215	confidentiality program administered by the attorney general under
216	216	Subchapter C, Chapter 56, Code of Criminal Procedure; and
217	217	(B) provided the registrar with proof of
218	218	certification under Article 56.84, Code of Criminal Procedure.
219	219	SECTION 7. Section 25.025(a), Tax Code, is amended to read
220	220	as follows:
221	221	(a) This section applies only to:
222	222	(1) a current or former peace officer as defined by
223	223	Article 2.12, Code of Criminal Procedure;
224	224	(2) a county jailer as defined by Section 1701.001,
225	225	Occupations Code;
226	226	(3) an employee of the Texas Department of Criminal
227	227	Justice;
228	228	(4) a commissioned security officer as defined by
229	229	Section 1702.002, Occupations Code;
230	230	(5) an individual who shows that the individual, the
231	231	individual's child, or another person in the individual's household
232	232	is a victim of family violence as defined by Section 71.004, Family
233	233	Code, by providing:
234	234	(A) a copy of a protective order issued under
235	235	Chapter 85, Family Code, or a magistrate's order for emergency
236	236	protection issued under Article 17.292, Code of Criminal Procedure;
237	237	or
238	238	(B) other independent documentary evidence
239	239	necessary to show that the individual, the individual's child, or
240	240	another person in the individual's household is a victim of family
241	241	violence [if as a result of the act of family violence against the
242	242	victim, the actor is convicted of a felony or a Class A
243	243	misdemeanor];
244	244	(6) an individual who shows that the individual, the
245	245	individual's child, or another person in the individual's household
246	246	is a victim of sexual assault or abuse, stalking, or trafficking of
247	247	persons by providing:
248	248	(A) a copy of a protective order issued under
249	249	Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
250	250	magistrate's order for emergency protection issued under Article
251	251	17.292, Code of Criminal Procedure; or
252	252	(B) other independent documentary evidence
253	253	necessary to show that the individual, the individual's child, or
254	254	another person in the individual's household is a victim of sexual
255	255	assault or abuse, stalking, or trafficking of persons;
256	256	(7) a participant in the address confidentiality
257	257	program administered by the attorney general under Subchapter C,
258	258	Chapter 56, Code of Criminal Procedure, who provides proof of
259	259	certification under Article 56.84, Code of Criminal Procedure;
260	260	(8) a federal judge, a state judge, or the spouse of a
261	261	federal judge or state judge;
262	262	(9) [(7)] a current or former employee of a district
263	263	attorney, criminal district attorney, or county or municipal
264	264	attorney whose jurisdiction includes any criminal law or child
265	265	protective services matters;
266	266	(10) [(8)] an officer or employee of a community
267	267	supervision and corrections department established under Chapter
268	268	76, Government Code, who performs a duty described by Section
269	269	76.004(b) of that code;
270	270	(11) [(9)] a criminal investigator of the United
271	271	States as described by Article 2.122(a), Code of Criminal
272	272	Procedure;
273	273	(12) [(10)] a police officer or inspector of the
274	274	United States Federal Protective Service;
275	275	(13) [(11)] a current or former United States attorney
276	276	or assistant United States attorney and the spouse and child of the
277	277	attorney;
278	278	(14) [(12)] a current or former employee of the office
279	279	of the attorney general who is or was assigned to a division of that
280	280	office the duties of which involve law enforcement;
281	281	(15) [(13)] a medical examiner or person who performs
282	282	forensic analysis or testing who is employed by this state or one or
283	283	more political subdivisions of this state;
284	284	(16) [(14)] a current or former member of the United
285	285	States armed forces who has served in an area that the president of
286	286	the United States by executive order designates for purposes of 26
287	287	U.S.C. Section 112 as an area in which armed forces of the United
288	288	States are or have engaged in combat;
289	289	(17) [(15)] a current or former employee of the Texas
290	290	Juvenile Justice Department or of the predecessors in function of
291	291	the department;
292	292	(18) [(16)] a current or former juvenile probation or
293	293	supervision officer certified by the Texas Juvenile Justice
294	294	Department, or the predecessors in function of the department,
295	295	under Title 12, Human Resources Code; and
296	296	(19) [(17)] a current or former employee of a juvenile
297	297	justice program or facility, as those terms are defined by Section
298	298	261.405, Family Code.
299	299	SECTION 8. This Act takes effect immediately if it receives
300	300	a vote of two-thirds of all the members elected to each house, as
301	301	provided by Section 39, Article III, Texas Constitution. If this
302	302	Act does not receive the vote necessary for immediate effect, this
303	303	Act takes effect September 1, 2017.