By: Reynolds, Zerwas H.B. No. 4323
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of identifying information of
certain child victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 57E to read as follows:
CHAPTER 57E.
CONFIDENTIALITY OF IDENTIFYING INFORMATION OF CERTAIN
CHILD VICTIMS
Art. 57E.01. DEFINITIONS. In this chapter:
(1) "Child" means a person who is younger than 18 years
of age.
(2) "Pseudonym" means a set of initials or a
fictitious name chosen by a 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.
(3) "Public Servant" has the meaning assigned by
Section 1.07(a), Penal Code.
(4) "Victim" means a child who was the subject of:
(A) an offense under Sections 20A.02(a)(5), (6),
(7), or (8), 21.02, 21.11, 22.01, 22.011, 22.02, 22.021, 43.02(a),
43.05(a)(2), 43.21, or 43.25, Penal Code; or
(B) an offense that is part of the same criminal
episode, as defined by Section 3.01, Penal Code, as an offense
described by Paragraph (A).
Art. 57E.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 victim.
(b) The law enforcement agency investigating the offense
shall offer the victim 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 victim 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 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 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 the victim has elected to 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
victim has elected to 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 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 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 victim's
identifying information by:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 57E.01(4).
Art. 57E.03. OFFENSE. (a) A public servant with access to
the name, address, or telephone number of a victim who has a
pseudonym under this chapter commits an offense if the public
servant 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 the person
specified in the order of a court of competent jurisdiction.
(b) Unless the disclosure is required or permitted by other
law, a public servant or other person commits an offense if the
person:
(1) has access to or obtains the name, address, or
phone number of a 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.
(c) It is an affirmative defense to prosecution under
Subsection (b) that the actor is:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 57E.01(4).
(d) An offense under this article is a Class C misdemeanor.
SECTION 2. Not later than October 1, 2019, 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 victim as
required by Article 57E.02, Code of Criminal Procedure, as added by
this Act.
SECTION 3. This Act takes effect September 1, 2019.