H.B. No. 1161
AN ACT
relating to the confidentiality of home address information for
victims of child abduction and to the administration of the address
confidentiality program by the office of the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 58.051, Code of Criminal Procedure, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "Child abduction" means any conduct that:
(A) constitutes an offense under Sections 20.02,
20.03, 20.04, 25.03, and 25.031, Penal Code; and
(B) results in a person younger than 18 years of
age becoming a victim of the offense.
SECTION 2. Article 58.052(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The attorney general shall establish an address
confidentiality program, as provided by this subchapter, to assist
a victim of family violence, sexual assault or abuse, stalking,
child abduction, or trafficking of persons in maintaining a
confidential address.
SECTION 3. Article 58.054, Code of Criminal Procedure, is
amended to read as follows:
Art. 58.054. ELIGIBILITY. To be eligible to participate in
the program:
(1) an applicant must satisfy any of the following:
(A) meet with a victim's assistance counselor
from a state or local agency or other for-profit or nonprofit entity
that is identified by the attorney general as an entity that
provides shelter or civil legal services or counseling to victims
of family violence, sexual assault or abuse, stalking, child
abduction, or trafficking of persons;
(B) be protected under, or be filing an
application on behalf of a victim who is the applicant's child or
another person in the applicant's household and who is protected
under:
(i) a temporary injunction issued under
Subchapter F, Chapter 6, Family Code;
(ii) a temporary ex parte order issued
under Chapter 83, Family Code;
(iii) an order issued under Subchapter A or
B, Chapter 7B, of this code or Chapter 85, Family Code; or
(iv) a magistrate's order for emergency
protection issued under Article 17.292; or
(C) possess documentation of family violence,
child abduction, or trafficking of persons, as identified by the
rules adopted under Article 58.056, or of sexual assault or abuse or
stalking, as described by Section 92.0161, Property Code; and
(2) an applicant must satisfy all of the following:
(A) file an application for participation with
the attorney general or a state or local agency or other entity
identified by the attorney general under Subdivision (1);
(B) file an affirmation that the applicant has
discussed safety planning with a victim's assistance counselor
described by Subdivision (1)(A);
(C) designate the attorney general as agent to
receive service of process and mail on behalf of the applicant; and
(D) live at a residential address, or relocate to
a residential address, that is unknown to the person who committed
or is alleged to have committed the family violence, sexual assault
or abuse, stalking, child abduction, or trafficking of persons.
SECTION 4. Article 58.055(a), Code of Criminal Procedure,
is amended to read as follows:
(a) An application under Article 58.054(2)(A) must contain:
(1) a signed, sworn statement by the applicant stating
that the applicant fears for the safety of the applicant, the
applicant's child, or another person in the applicant's household
because of a threat of immediate or future harm caused by the person
who committed or is alleged to have committed the family violence,
sexual assault or abuse, stalking, child abduction, or trafficking
of persons;
(2) the applicant's true residential address and, if
applicable, the applicant's business and school addresses; and
(3) a statement by the applicant of whether there is an
existing court order or a pending court case for child support or
child custody or visitation that involves the applicant, the
applicant's child, or another person in the applicant's household
and, if so, the name and address of:
(A) the legal counsel of record; and
(B) each parent involved in the court order or
pending case.
SECTION 5. Article 58.056(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The attorney general may establish procedures for
requiring an applicant, in appropriate circumstances, to submit
with the application under Article 58.054(2)(A) independent
documentary evidence of family violence, sexual assault or abuse,
stalking, child abduction, or trafficking of persons in the form
of:
(1) an active or recently issued order described by
Article 58.054(1)(B);
(2) an incident report or other record maintained by a
law enforcement agency or official;
(3) a statement of a physician or other health care
provider regarding the medical condition of the applicant,
applicant's child, or other person in the applicant's household as a
result of the family violence, sexual assault or abuse, stalking,
child abduction, or trafficking of persons;
(4) a statement of a mental health professional, a
member of the clergy, an attorney or other legal advocate, a trained
staff member of a family violence center, or another professional
who has assisted the applicant, applicant's child, or other person
in the applicant's household in addressing the effects of the
family violence, sexual assault or abuse, stalking, child
abduction, or trafficking of persons; or
(5) any other independent documentary evidence
necessary to show the applicant's eligibility to participate in the
program.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1161 was passed by the House on April
6, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1161 was passed by the Senate on May
11, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor