Texas 2019 - 86th Regular

Texas House Bill HB4323 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Reynolds~~, Zerwas~~ H.B. No. 4323
	1	+	By: Reynolds H.B. No. 4323
2	2
3	3
4	4		A BILL TO BE ENTITLED
5	5		AN ACT
6	6		relating to the confidentiality of identifying information of
7	7		certain child victims.
8	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9		SECTION 1. Title 1, Code of Criminal Procedure, is amended
10	10		by adding Chapter 57E to read as follows:
11	11		CHAPTER 57E.
12	12		CONFIDENTIALITY OF IDENTIFYING INFORMATION OF CERTAIN
13	13		CHILD VICTIMS
14	14		Art. 57E.01. DEFINITIONS. In this chapter:
15	15		(1) "Child" means a person who is younger than 18 years
16	16		of age.
17	17		(2) "Pseudonym" means a set of initials or a
18	18		fictitious name chosen by a victim to designate the victim in all
19	19		public files and records concerning the offense, including police
20	20		summary reports, press releases, and records of judicial
21	21		proceedings.
22	22		(3) "Public Servant" has the meaning assigned by
23	23		Section 1.07(a), Penal Code.
24	24		(4) "Victim" means a child who was the subject of:
25	25		(A) an offense under Sections 20A.02(a)(5), (6),
26	26		(7), or (8), 21.02, 21.11, 22.01, 22.011, 22.02, 22.021, 43.02(a),
27	27		43.05(a)(2), 43.21, or 43.25, Penal Code; or
28	28		(B) an offense that is part of the same criminal
29	29		episode, as defined by Section 3.01, Penal Code, as an offense
30	30		described by Paragraph (A).
31	31		Art. 57E.02. CONFIDENTIALITY OF FILES AND RECORDS. (a) The
32	32		office of the attorney general shall develop and distribute to all
33	33		law enforcement agencies of the state a pseudonym form to record the
34	34		name, address, telephone number, and pseudonym of a victim.
35	35		(b) The law enforcement agency investigating the offense
36	36		shall offer the victim a pseudonym to be used instead of the
37	37		victim's name to designate the victim in all public files and
38	38		records concerning the offense, including police summary reports,
39	39		press releases, and records of judicial proceedings. A victim who
40	40		elects to use a pseudonym as provided by this article must complete
41	41		a pseudonym form developed under this article and return the form to
42	42		the law enforcement agency investigating the offense.
43	43		(c) A victim who completes and returns a pseudonym form to
44	44		the law enforcement agency investigating the offense may not be
45	45		required to disclose the victim's name, address, and telephone
46	46		number in connection with the investigation or prosecution of the
47	47		offense.
48	48		(d) A completed and returned pseudonym form is confidential
49	49		and may not be disclosed to any person other than a defendant in the
50	50		case or the defendant's attorney, except on an order of a court of
51	51		competent jurisdiction. The court finding required by Subsection
52	52		(g) is not required to disclose the confidential pseudonym form to
53	53		the defendant in the case or to the defendant's attorney.
54	54		(e) If a victim completes and returns a pseudonym form to a
55	55		law enforcement agency under this article, the law enforcement
56	56		agency receiving the form shall:
57	57		(1) remove the victim's name and substitute the
58	58		pseudonym for the name on all reports, files, and records in the
59	59		agency's possession;
60	60		(2) notify the attorney for the state of the pseudonym
61	61		and that the victim has elected to be designated by the pseudonym;
62	62		and
63	63		(3) maintain the form in a manner that protects the
64	64		confidentiality of the information contained on the form.
65	65		(f) An attorney for the state who receives notice that a
66	66		victim has elected to be designated by a pseudonym shall ensure that
67	67		the victim is designated by the pseudonym in all legal proceedings
68	68		concerning the offense.
69	69		(g) A court of competent jurisdiction may order the
70	70		disclosure of a victim's name, address, and telephone number only
71	71		if the court finds that the information is essential in the trial of
72	72		the defendant for the offense or the identity of the victim is in
73	73		issue.
74	74		(h) Except as required or permitted by other law or by court
75	75		order, a public servant or other person who has access to or obtains
76	76		the name, address, telephone number, or other identifying
77	77		information of a victim may not release or disclose the identifying
78	78		information to any person who is not assisting in the
79	79		investigation, prosecution, or defense of the case. This
80	80		subsection does not apply to the release or disclosure of a victim's
81	81		identifying information by:
82	82		(1) the victim; or
83	83		(2) the victim's parent, conservator, or guardian,
84	84		unless the victim's parent, conservator, or guardian allegedly
85	85		committed the offense described by Article 57E.01(4).
86	86		Art. 57E.03. OFFENSE. (a) A public servant with access to
87	87		the name, address, or telephone number of a victim who has a
88	88		pseudonym under this chapter commits an offense if the public
89	89		servant knowingly discloses the name, address, or telephone number
90	90		of the victim to any person who is not assisting in the
91	91		investigation or prosecution of the offense or to any person other
92	92		than the defendant, the defendant's attorney, or the person
93	93		specified in the order of a court of competent jurisdiction.
94	94		(b) Unless the disclosure is required or permitted by other
95	95		law, a public servant or other person commits an offense if the
96	96		person:
97	97		(1) has access to or obtains the name, address, or
98	98		phone number of a victim; and
99	99		(2) knowingly discloses the name, address, or
100	100		telephone number of the victim to any person who is not assisting in
101	101		the investigation or prosecution of the offense or to any person
102	102		other than the defendant, the defendant's attorney, or a person
103	103		specified in an order of a court of competent jurisdiction.
104	104		(c) It is an affirmative defense to prosecution under
105	105		Subsection (b) that the actor is:
106	106		(1) the victim; or
107	107		(2) the victim's parent, conservator, or guardian,
108	108		unless the victim's parent, conservator, or guardian allegedly
109	109		committed the offense described by Article 57E.01(4).
110	110		(d) An offense under this article is a Class C misdemeanor.
111	111		SECTION 2. Not later than October 1, 2019, the office of the
112	112		attorney general shall develop and distribute to all law
113	113		enforcement agencies of the state a pseudonym form to record the
114	114		name, address, telephone number, and pseudonym of a victim as
115	115		required by Article 57E.02, Code of Criminal Procedure, as added by
116	116		this Act.
117	117		SECTION 3. This Act takes effect September 1, 2019.