Texas 2021 - 87th Regular

Texas House Bill HB1091 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3362 AJZ-F
2	2	By: Reynolds H.B. No. 1091
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the confidentiality of identifying information of
8	8	certain crime victims.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 58, Code of Criminal Procedure, is
11	11	amended by adding Subchapter H to read as follows:
12	12	SUBCHAPTER H. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
13	13	CERTAIN CRIME VICTIMS
14	14	Art. 58.351. DEFINITIONS. In this chapter:
15	15	(1) "Child" means a person who is younger than 18 years
16	16	of age.
17	17	(2) "Victim" means a person who was the subject of:
18	18	(A) an offense under Section 20A.02, 21.02,
19	19	21.11, 22.01, 22.011, 22.02, 22.021, 43.02(a), 43.05, or 43.25,
20	20	Penal Code;
21	21	(B) an offense for which the court made an
22	22	affirmative finding under Article 42.014; or
23	23	(C) an offense that is part of the same criminal
24	24	episode, as defined by Section 3.01, Penal Code, as an offense
25	25	described by Paragraph (A) or (B).
26	26	Art. 58.352. CONFIDENTIALITY OF FILES AND RECORDS. (a) The
27	27	office of the attorney general shall develop and distribute to all
28	28	law enforcement agencies of the state a pseudonym form to record the
29	29	name, address, date of birth, telephone number, and pseudonym of a
30	30	victim.
31	31	(b) The law enforcement agency investigating the offense
32	32	shall offer the victim a pseudonym to be used instead of the
33	33	victim's name to designate the victim in all public files and
34	34	records concerning the offense, including police summary reports,
35	35	press releases, and records of judicial proceedings. If the victim
36	36	is a child, the agency shall offer the pseudonym to the victim's
37	37	parent, conservator, or guardian on behalf of the victim, unless
38	38	the victim's parent, conservator, or guardian is alleged to have
39	39	committed the offense described by Article 58.351(2). A victim or a
40	40	victim's parent, conservator, or guardian, as applicable, who
41	41	elects to receive a pseudonym provided under this article must
42	42	complete the pseudonym form developed by the office of the attorney
43	43	general and return the form to the law enforcement agency
44	44	investigating the offense.
45	45	(c) A victim or other authorized person as described by
46	46	Subsection (b) who completes and returns a pseudonym form to the law
47	47	enforcement agency investigating the offense may not be required to
48	48	disclose the victim's name, address, date of birth, and telephone
49	49	number in connection with the investigation or prosecution of the
50	50	offense.
51	51	(d) A completed and returned pseudonym form is confidential
52	52	and may not be disclosed to any person other than a defendant in the
53	53	case or the defendant's attorney, except on an order of a court of
54	54	competent jurisdiction. The court finding required by Subsection
55	55	(g) is not required to disclose the confidential pseudonym form to
56	56	the defendant in the case or to the defendant's attorney.
57	57	(e) If a victim or other authorized person as described by
58	58	Subsection (b) completes and returns a pseudonym form to a law
59	59	enforcement agency under this article, the law enforcement agency
60	60	receiving the form shall:
61	61	(1) remove the victim's name and substitute the
62	62	pseudonym for the name on all reports, files, and records in the
63	63	agency's possession;
64	64	(2) notify the attorney for the state that the victim
65	65	or other authorized person has elected to receive a pseudonym under
66	66	this article and provide that pseudonym to the attorney; and
67	67	(3) maintain the form in a manner that protects the
68	68	confidentiality of the information contained on the form.
69	69	(f) An attorney for the state who receives notice that a
70	70	victim or other authorized person has elected to receive a
71	71	pseudonym under this article shall ensure that the victim is
72	72	designated by the pseudonym in all legal proceedings concerning the
73	73	offense.
74	74	(g) A court of competent jurisdiction may order the
75	75	disclosure of a victim's name, address, date of birth, and
76	76	telephone number only if the court finds that the information is
77	77	essential in the trial of the defendant for the offense or the
78	78	identity of the victim is in issue.
79	79	(h) Except as required or permitted by other law or by court
80	80	order, a public servant or other person who has access to or obtains
81	81	the name, address, date of birth, telephone number, or other
82	82	identifying information of a victim may not release or disclose the
83	83	identifying information to any person who is not assisting in the
84	84	investigation, prosecution, or defense of the case. This
85	85	subsection does not apply to the release or disclosure of a victim's
86	86	identifying information by:
87	87	(1) the victim; or
88	88	(2) if the victim is a child, the victim's parent,
89	89	conservator, or guardian, unless the victim's parent, conservator,
90	90	or guardian is alleged to have committed the offense described by
91	91	Article 58.351(2).
92	92	Art. 58.353. OFFENSE. (a) A public servant with access to
93	93	the name, address, date of birth, or telephone number of a victim
94	94	who has received a pseudonym under this chapter commits an offense
95	95	if the public servant knowingly discloses the name, address, date
96	96	of birth, or telephone number of the victim to any person who is not
97	97	assisting in the investigation or prosecution of the offense or to
98	98	any person other than the defendant, the defendant's attorney, or
99	99	the person specified in the order of a court of competent
100	100	jurisdiction.
101	101	(b) Unless the disclosure is required or permitted by other
102	102	law, a public servant or other person commits an offense if the
103	103	person:
104	104	(1) has access to or obtains the name, address, date of
105	105	birth, or phone number of a victim; and
106	106	(2) knowingly discloses the name, address, date of
107	107	birth, or telephone number of the victim to any person who is not
108	108	assisting in the investigation or prosecution of the offense or to
109	109	any person other than the defendant, the defendant's attorney, or a
110	110	person specified in an order of a court of competent jurisdiction.
111	111	(c) It is an affirmative defense to prosecution under
112	112	Subsection (b) that the actor is:
113	113	(1) the victim; or
114	114	(2) if the victim is a child, the victim's parent,
115	115	conservator, or guardian, unless the victim's parent, conservator,
116	116	or guardian is alleged to have committed the offense described by
117	117	Article 58.351(2).
118	118	(d) An offense under this article is a Class C misdemeanor.
119	119	SECTION 2. Not later than October 1, 2021, the office of the
120	120	attorney general shall develop and distribute to all law
121	121	enforcement agencies of the state a pseudonym form to record the
122	122	name, address, date of birth, telephone number, and pseudonym of a
123	123	victim as required by Article 58.352, Code of Criminal Procedure,
124	124	as added by this Act.
125	125	SECTION 3. This Act takes effect September 1, 2021.