Texas 2017 - 85th Regular

Texas Senate Bill SB256 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin, et al. S.B. No. 256
2		-	(Hunter)
	1	+	S.B. No. 256
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the confidentiality of home address information of
8	6		certain victims of family violence, sexual assault or abuse,
9	7		stalking, or trafficking of persons.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. The heading to Subchapter C, Chapter 56, Code of
12	10		Criminal Procedure, is amended to read as follows:
13	11		SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF
14	12		FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, [OR] STALKING, OR
15	13		TRAFFICKING OF PERSONS
16	14		SECTION 2. Article 56.81, Code of Criminal Procedure, is
17	15		amended by adding Subdivisions (3-a), (6-a), (6-b), and (6-c) and
18	16		amending Subdivision (7) to read as follows:
19	17		(3-a) "Household" has the meaning assigned by Section
20	18		71.005, Family Code.
21	19		(6-a) "Sexual abuse" means any conduct that
22	20		constitutes an offense under Section 21.02, 21.11, or 25.02, Penal
23	21		Code.
24	22		(6-b) "Sexual assault" means any conduct that
25	23		constitutes an offense under Section 22.011 or 22.021, Penal Code.
26	24		(6-c) "Stalking" means any conduct that constitutes an
27	25		offense under Section 42.072, Penal Code.
28	26		(7) "Trafficking of persons" means any conduct that
29	27		constitutes an offense [that may be prosecuted] under Section
30	28		20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal
31	29		Code, and that results in a person:
32	30		(A) engaging in forced labor or services; or
33	31		(B) otherwise becoming a victim of the offense.
34	32		SECTION 3. Article 56.82(a), Code of Criminal Procedure, is
35	33		amended to read as follows:
36	34		(a) The attorney general shall establish an address
37	35		confidentiality program, as provided by this subchapter, to assist
38	36		a victim of family violence, sexual assault or abuse, stalking, or
39	37		trafficking of persons[, or an offense under Section 22.011,
40	38		22.021, 25.02, or 42.072, Penal Code,] in maintaining a
41	39		confidential address.
42	40		SECTION 4. Article 56.83, Code of Criminal Procedure, is
43	41		amended by amending Subsections (a), (b), and (e) and adding
44	42		Subsection (e-1) to read as follows:
45	43		(a) To be eligible to participate in the program, an
46	44		applicant must:
47	45		(1) either:
48	46		(A) meet with a victim's assistance counselor
49	47		from a state or local agency or other entity, whether for-profit or
50	48		nonprofit, that is identified by the attorney general as an entity
51	49		that provides [counseling and] shelter or civil legal services or
52	50		counseling to victims of family violence, sexual assault or abuse,
53	51		stalking, or trafficking of persons[, or an offense under Section
54	52		22.011, 22.021, 25.02, or 42.072, Penal Code];
55	53		(B) be protected under, or be filing an
56	54		application on behalf of a victim who is the applicant's child or
57	55		another person in the applicant's household and who is protected
58	56		under:
59	57		(i) a temporary injunction issued under
60	58		Subchapter F, Chapter 6, Family Code;
61	59		(ii) a temporary ex parte order issued
62	60		under Chapter 83, Family Code;
63	61		(iii) an order issued under Chapter 7A or
64	62		Article 6.09 of this code or Chapter 85, Family Code; or
65	63		(iv) a magistrate's order for emergency
66	64		protection issued under Article 17.292; or
67	65		(C) possess documentation of family violence, as
68	66		identified by the rules adopted under this section, or of sexual
69	67		assault or abuse or stalking, as described by Section 92.0161,
70	68		Property Code;
71	69		(2) file an application for participation with the
72	70		attorney general or a state or local agency or other entity
73	71		identified by the attorney general under Subdivision (1);
74	72		(3) file an affirmation that the applicant has
75	73		discussed safety planning with a victim's assistance counselor
76	74		described by Subdivision (1)(A);
77	75		(4) designate the attorney general as agent to receive
78	76		service of process and mail on behalf of the applicant; and
79	77		(5) [(4)] live at a residential address, or relocate
80	78		to a residential address, that is unknown to the person who
81	79		committed or is alleged to have committed the family violence,
82	80		sexual assault or abuse, stalking, or trafficking of persons[, or
83	81		an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
84	82		Code].
85	83		(b) An application under Subsection (a)(2) must contain:
86	84		(1) a signed, sworn statement by the applicant stating
87	85		that the applicant fears for the safety of the applicant, the
88	86		applicant's child, or another person in the applicant's household
89	87		because of a threat of immediate or future harm caused by the person
90	88		who committed or is alleged to have committed the family violence,
91	89		sexual assault or abuse, stalking, or [the] trafficking of
92	90		persons[, or an offense under Section 22.011, 22.021, 25.02, or
93	91		42.072, Penal Code];
94	92		(2) the applicant's true residential address and, if
95	93		applicable, the applicant's business and school addresses; and
96	94		(3) a statement by the applicant of whether there is an
97	95		existing court order or a pending court case for child support or
98	96		child custody or visitation that involves the applicant, the
99	97		applicant's child, or another person in the applicant's household
100	98		and, if so, the name and address of:
101	99		(A) the legal counsel of record; and
102	100		(B) each parent involved in the court order or
103	101		pending case.
104	102		(e) The attorney general by rule may establish additional
105	103		eligibility requirements for participation in the program that are
106	104		consistent with the purpose of the program as stated in Article
107	105		56.82(a).
108	106		(e-1) The attorney general may establish procedures for
109	107		requiring an applicant, in appropriate circumstances, to submit
110	108		with the application under Subsection (a)(2) independent
111	109		documentary evidence of family violence, sexual assault or abuse,
112	110		stalking, or trafficking of persons[, or an offense under Section
113	111		22.011, 22.021, 25.02, or 42.072, Penal Code,] in the form of:
114	112		(1) an active or recently issued [protective] order
115	113		described by Subsection (a)(1)(B);
116	114		(2) an incident report or other record maintained by a
117	115		law enforcement agency or official;
118	116		(3) a statement of a physician or other health care
119	117		provider regarding the [applicant's] medical condition of the
120	118		applicant, applicant's child, or other person in the applicant's
121	119		household as a result of the family violence, sexual assault or
122	120		abuse, stalking, or trafficking of persons[, or offense]; [or]
123	121		(4) a statement of a mental health professional, a
124	122		member of the clergy, an attorney or other legal advocate, a trained
125	123		staff member of a family violence center, or another professional
126	124		who has assisted the applicant, applicant's child, or other person
127	125		in the applicant's household in addressing the effects of the
128	126		family violence, sexual assault or abuse, stalking, or trafficking
129	127		of persons; or
130	128		(5) any other independent documentary evidence
131	129		necessary to show the applicant's eligibility to participate in the
132	130		program[, or offense].
133	131		SECTION 5. Article 56.90(a), Code of Criminal Procedure, is
134	132		amended to read as follows:
135	133		(a) The attorney general:
136	134		(1) shall disclose a participant's true residential,
137	135		business, or school address if:
138	136		(A) requested by:
139	137		(i) a law enforcement agency for the
140	138		purpose of conducting an investigation;
141	139		(ii) the Department of Family and
142	140		Protective Services for the purpose of conducting a child
143	141		protective services investigation under Chapter 261, Family Code;
144	142		or
145	143		(iii) the Department of State Health
146	144		Services or a local health authority for the purpose of making a
147	145		notification described by Article 21.31 of this code, Section
148	146		54.033, Family Code, or Section 81.051, Health and Safety Code; or
149	147		(B) required by court order; and
150	148		(2) may disclose a participant's true residential,
151	149		business, or school address if:
152	150		(A) the participant consents to the disclosure;
153	151		and
154	152		(B) the disclosure is necessary to administer the
155	153		program.
156	154		SECTION 6. Section 13.004(c), Election Code, is amended to
157	155		read as follows:
158	156		(c) The following information furnished on a registration
159	157		application is confidential and does not constitute public
160	158		information for purposes of Chapter 552, Government Code:
161	159		(1) a social security number;
162	160		(2) a Texas driver's license number;
163	161		(3) a number of a personal identification card issued
164	162		by the Department of Public Safety;
165	163		(4) an indication that an applicant is interested in
166	164		working as an election judge; [or]
167	165		(5) the residence address of the applicant, if the
168	166		applicant is a federal judge or state judge, as defined by Section
169	167		13.0021, the spouse of a federal judge or state judge, or an
170	168		individual to whom Section 552.1175, Government Code, applies and
171	169		the applicant:
172	170		(A) included an affidavit with the registration
173	171		application describing the applicant's status under this
174	172		subdivision, including an affidavit under Section 13.0021 if the
175	173		applicant is a federal judge or state judge or the spouse of a
176	174		federal judge or state judge;
177	175		(B) provided the registrar with an affidavit
178	176		describing the applicant's status under this subdivision,
179	177		including an affidavit under Section 15.0215 if the applicant is a
180	178		federal judge or state judge or the spouse of a federal judge or
181	179		state judge; or
182	180		(C) provided the registrar with a completed form
183	181		approved by the secretary of state for the purpose of notifying the
184	182		registrar of the applicant's status under this subdivision;
185	183		(6) the residence address of the applicant, if the
186	184		applicant, the applicant's child, or another person in the
187	185		applicant's household is a victim of family violence as defined by
188	186		Section 71.004, Family Code, who provided the registrar with:
189	187		(A) a copy of a protective order issued under
190	188		Chapter 85, Family Code, or a magistrate's order for emergency
191	189		protection issued under Article 17.292, Code of Criminal Procedure;
192	190		or
193	191		(B) other independent documentary evidence
194	192		necessary to show that the applicant, the applicant's child, or
195	193		another person in the applicant's household is a victim of family
196	194		violence;
197	195		(7) the residence address of the applicant, if the
198	196		applicant, the applicant's child, or another person in the
199	197		applicant's household is a victim of sexual assault or abuse,
200	198		stalking, or trafficking of persons who provided the registrar
201	199		with:
202	200		(A) a copy of a protective order issued under
203	201		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
204	202		magistrate's order for emergency protection issued under Article
205	203		17.292, Code of Criminal Procedure; or
206	204		(B) other independent documentary evidence
207	205		necessary to show that the applicant, the applicant's child, or
208	206		another person in the applicant's household is a victim of sexual
209	207		assault or abuse, stalking, or trafficking of persons; or
210	208		(8) the residence address of the applicant, if the
211	209		applicant:
212	210		(A) is a participant in the address
213	211		confidentiality program administered by the attorney general under
214	212		Subchapter C, Chapter 56, Code of Criminal Procedure; and
215	213		(B) provided the registrar with proof of
216	214		certification under Article 56.84, Code of Criminal Procedure.
217	215		SECTION 7. Section 25.025(a), Tax Code, is amended to read
218	216		as follows:
219	217		(a) This section applies only to:
220	218		(1) a current or former peace officer as defined by
221	219		Article 2.12, Code of Criminal Procedure;
222	220		(2) a county jailer as defined by Section 1701.001,
223	221		Occupations Code;
224	222		(3) an employee of the Texas Department of Criminal
225	223		Justice;
226	224		(4) a commissioned security officer as defined by
227	225		Section 1702.002, Occupations Code;
228	226		(5) an individual who shows that the individual, the
229	227		individual's child, or another person in the individual's household
230	228		is a victim of family violence as defined by Section 71.004, Family
231	229		Code, by providing:
232	230		(A) a copy of a protective order issued under
233	231		Chapter 85, Family Code, or a magistrate's order for emergency
234	232		protection issued under Article 17.292, Code of Criminal Procedure;
235	233		or
236	234		(B) other independent documentary evidence
237	235		necessary to show that the individual, the individual's child, or
238	236		another person in the individual's household is a victim of family
239	237		violence [if as a result of the act of family violence against the
240	238		victim, the actor is convicted of a felony or a Class A
241	239		misdemeanor];
242	240		(6) an individual who shows that the individual, the
243	241		individual's child, or another person in the individual's household
244	242		is a victim of sexual assault or abuse, stalking, or trafficking of
245	243		persons by providing:
246	244		(A) a copy of a protective order issued under
247	245		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
248	246		magistrate's order for emergency protection issued under Article
249	247		17.292, Code of Criminal Procedure; or
250	248		(B) other independent documentary evidence
251	249		necessary to show that the individual, the individual's child, or
252	250		another person in the individual's household is a victim of sexual
253	251		assault or abuse, stalking, or trafficking of persons;
254	252		(7) a participant in the address confidentiality
255	253		program administered by the attorney general under Subchapter C,
256	254		Chapter 56, Code of Criminal Procedure, who provides proof of
257	255		certification under Article 56.84, Code of Criminal Procedure;
258	256		(8) a federal judge, a state judge, or the spouse of a
259	257		federal judge or state judge;
260	258		(9) [(7)] a current or former employee of a district
261	259		attorney, criminal district attorney, or county or municipal
262	260		attorney whose jurisdiction includes any criminal law or child
263	261		protective services matters;
264	262		(10) [(8)] an officer or employee of a community
265	263		supervision and corrections department established under Chapter
266	264		76, Government Code, who performs a duty described by Section
267	265		76.004(b) of that code;
268	266		(11) [(9)] a criminal investigator of the United
269	267		States as described by Article 2.122(a), Code of Criminal
270	268		Procedure;
271	269		(12) [(10)] a police officer or inspector of the
272	270		United States Federal Protective Service;
273	271		(13) [(11)] a current or former United States attorney
274	272		or assistant United States attorney and the spouse and child of the
275	273		attorney;
276	274		(14) [(12)] a current or former employee of the office
277	275		of the attorney general who is or was assigned to a division of that
278	276		office the duties of which involve law enforcement;
279	277		(15) [(13)] a medical examiner or person who performs
280	278		forensic analysis or testing who is employed by this state or one or
281	279		more political subdivisions of this state;
282	280		(16) [(14)] a current or former member of the United
283	281		States armed forces who has served in an area that the president of
284	282		the United States by executive order designates for purposes of 26
285	283		U.S.C. Section 112 as an area in which armed forces of the United
286	284		States are or have engaged in combat;
287	285		(17) [(15)] a current or former employee of the Texas
288	286		Juvenile Justice Department or of the predecessors in function of
289	287		the department;
290	288		(18) [(16)] a current or former juvenile probation or
291	289		supervision officer certified by the Texas Juvenile Justice
292	290		Department, or the predecessors in function of the department,
293	291		under Title 12, Human Resources Code; and
294	292		(19) [(17)] a current or former employee of a juvenile
295	293		justice program or facility, as those terms are defined by Section
296	294		261.405, Family Code.
297	295		SECTION 8. This Act takes effect immediately if it receives
298	296		a vote of two-thirds of all the members elected to each house, as
299	297		provided by Section 39, Article III, Texas Constitution. If this
300	298		Act does not receive the vote necessary for immediate effect, this
301	299		Act takes effect September 1, 2017.
	300	+	______________________________ ______________________________
	301	+	President of the Senate Speaker of the House
	302	+	I hereby certify that S.B. No. 256 passed the Senate on
	303	+	March 29, 2017, by the following vote: Yeas 31, Nays 0.
	304	+	______________________________
	305	+	Secretary of the Senate
	306	+	I hereby certify that S.B. No. 256 passed the House on
	307	+	May 6, 2017, by the following vote: Yeas 142, Nays 0, one present
	308	+	not voting.
	309	+	______________________________
	310	+	Chief Clerk of the House
	311	+	Approved:
	312	+	______________________________
	313	+	Date
	314	+	______________________________
	315	+	Governor