87R3362 AJZ-F
By: Reynolds H.B. No. 1091
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of identifying information of
certain crime victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 58, Code of Criminal Procedure, is
amended by adding Subchapter H to read as follows:
SUBCHAPTER H. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
CERTAIN CRIME VICTIMS
Art. 58.351. DEFINITIONS. In this chapter:
(1) "Child" means a person who is younger than 18 years
of age.
(2) "Victim" means a person who was the subject of:
(A) an offense under Section 20A.02, 21.02,
21.11, 22.01, 22.011, 22.02, 22.021, 43.02(a), 43.05, or 43.25,
Penal Code;
(B) an offense for which the court made an
affirmative finding under Article 42.014; or
(C) 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) or (B).
Art. 58.352. 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, date of birth, 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. If the victim
is a child, the agency shall offer the pseudonym to the victim's
parent, conservator, or guardian on behalf of the victim, unless
the victim's parent, conservator, or guardian is alleged to have
committed the offense described by Article 58.351(2). A victim or a
victim's parent, conservator, or guardian, as applicable, who
elects to receive a pseudonym provided under this article must
complete the pseudonym form developed by the office of the attorney
general and return the form to the law enforcement agency
investigating the offense.
(c) A victim or other authorized person as described by
Subsection (b) 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, date of birth, 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 or other authorized person as described by
Subsection (b) 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 that the victim
or other authorized person has elected to receive a pseudonym under
this article and provide that pseudonym to the attorney; 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 or other authorized person has elected to receive a
pseudonym under this article 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, date of birth, 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, date of birth, 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) if the victim is a child, the victim's parent,
conservator, or guardian, unless the victim's parent, conservator,
or guardian is alleged to have committed the offense described by
Article 58.351(2).
Art. 58.353. OFFENSE. (a) A public servant with access to
the name, address, date of birth, or telephone number of a victim
who has received a pseudonym under this chapter commits an offense
if the public servant knowingly discloses the name, address, date
of birth, 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, date of
birth, or phone number of a victim; and
(2) knowingly discloses the name, address, date of
birth, 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) if the victim is a child, the victim's parent,
conservator, or guardian, unless the victim's parent, conservator,
or guardian is alleged to have committed the offense described by
Article 58.351(2).
(d) An offense under this article is a Class C misdemeanor.
SECTION 2. Not later than October 1, 2021, 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, date of birth, telephone number, and pseudonym of a
victim as required by Article 58.352, Code of Criminal Procedure,
as added by this Act.
SECTION 3. This Act takes effect September 1, 2021.