Texas 2023 - 88th Regular

Texas House Bill HB1161 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1161
2	2
3	3
4	4	AN ACT
5	5	relating to the confidentiality of home address information for
6	6	victims of child abduction and to the administration of the address
7	7	confidentiality program by the office of the attorney general.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 58.051, Code of Criminal Procedure, is
10	10	amended by adding Subdivision (1-a) to read as follows:
11	11	(1-a) "Child abduction" means any conduct that:
12	12	(A) constitutes an offense under Sections 20.02,
13	13	20.03, 20.04, 25.03, and 25.031, Penal Code; and
14	14	(B) results in a person younger than 18 years of
15	15	age becoming a victim of the offense.
16	16	SECTION 2. Article 58.052(a), Code of Criminal Procedure,
17	17	is amended to read as follows:
18	18	(a) The attorney general shall establish an address
19	19	confidentiality program, as provided by this subchapter, to assist
20	20	a victim of family violence, sexual assault or abuse, stalking,
21	21	child abduction, or trafficking of persons in maintaining a
22	22	confidential address.
23	23	SECTION 3. Article 58.054, Code of Criminal Procedure, is
24	24	amended to read as follows:
25	25	Art. 58.054. ELIGIBILITY. To be eligible to participate in
26	26	the program:
27	27	(1) an applicant must satisfy any of the following:
28	28	(A) meet with a victim's assistance counselor
29	29	from a state or local agency or other for-profit or nonprofit entity
30	30	that is identified by the attorney general as an entity that
31	31	provides shelter or civil legal services or counseling to victims
32	32	of family violence, sexual assault or abuse, stalking, child
33	33	abduction, or trafficking of persons;
34	34	(B) be protected under, or be filing an
35	35	application on behalf of a victim who is the applicant's child or
36	36	another person in the applicant's household and who is protected
37	37	under:
38	38	(i) a temporary injunction issued under
39	39	Subchapter F, Chapter 6, Family Code;
40	40	(ii) a temporary ex parte order issued
41	41	under Chapter 83, Family Code;
42	42	(iii) an order issued under Subchapter A or
43	43	B, Chapter 7B, of this code or Chapter 85, Family Code; or
44	44	(iv) a magistrate's order for emergency
45	45	protection issued under Article 17.292; or
46	46	(C) possess documentation of family violence,
47	47	child abduction, or trafficking of persons, as identified by the
48	48	rules adopted under Article 58.056, or of sexual assault or abuse or
49	49	stalking, as described by Section 92.0161, Property Code; and
50	50	(2) an applicant must satisfy all of the following:
51	51	(A) file an application for participation with
52	52	the attorney general or a state or local agency or other entity
53	53	identified by the attorney general under Subdivision (1);
54	54	(B) file an affirmation that the applicant has
55	55	discussed safety planning with a victim's assistance counselor
56	56	described by Subdivision (1)(A);
57	57	(C) designate the attorney general as agent to
58	58	receive service of process and mail on behalf of the applicant; and
59	59	(D) live at a residential address, or relocate to
60	60	a residential address, that is unknown to the person who committed
61	61	or is alleged to have committed the family violence, sexual assault
62	62	or abuse, stalking, child abduction, or trafficking of persons.
63	63	SECTION 4. Article 58.055(a), Code of Criminal Procedure,
64	64	is amended to read as follows:
65	65	(a) An application under Article 58.054(2)(A) must contain:
66	66	(1) a signed, sworn statement by the applicant stating
67	67	that the applicant fears for the safety of the applicant, the
68	68	applicant's child, or another person in the applicant's household
69	69	because of a threat of immediate or future harm caused by the person
70	70	who committed or is alleged to have committed the family violence,
71	71	sexual assault or abuse, stalking, child abduction, or trafficking
72	72	of persons;
73	73	(2) the applicant's true residential address and, if
74	74	applicable, the applicant's business and school addresses; and
75	75	(3) a statement by the applicant of whether there is an
76	76	existing court order or a pending court case for child support or
77	77	child custody or visitation that involves the applicant, the
78	78	applicant's child, or another person in the applicant's household
79	79	and, if so, the name and address of:
80	80	(A) the legal counsel of record; and
81	81	(B) each parent involved in the court order or
82	82	pending case.
83	83	SECTION 5. Article 58.056(a), Code of Criminal Procedure,
84	84	is amended to read as follows:
85	85	(a) The attorney general may establish procedures for
86	86	requiring an applicant, in appropriate circumstances, to submit
87	87	with the application under Article 58.054(2)(A) independent
88	88	documentary evidence of family violence, sexual assault or abuse,
89	89	stalking, child abduction, or trafficking of persons in the form
90	90	of:
91	91	(1) an active or recently issued order described by
92	92	Article 58.054(1)(B);
93	93	(2) an incident report or other record maintained by a
94	94	law enforcement agency or official;
95	95	(3) a statement of a physician or other health care
96	96	provider regarding the medical condition of the applicant,
97	97	applicant's child, or other person in the applicant's household as a
98	98	result of the family violence, sexual assault or abuse, stalking,
99	99	child abduction, or trafficking of persons;
100	100	(4) a statement of a mental health professional, a
101	101	member of the clergy, an attorney or other legal advocate, a trained
102	102	staff member of a family violence center, or another professional
103	103	who has assisted the applicant, applicant's child, or other person
104	104	in the applicant's household in addressing the effects of the
105	105	family violence, sexual assault or abuse, stalking, child
106	106	abduction, or trafficking of persons; or
107	107	(5) any other independent documentary evidence
108	108	necessary to show the applicant's eligibility to participate in the
109	109	program.
110	110	SECTION 6. This Act takes effect immediately if it receives
111	111	a vote of two-thirds of all the members elected to each house, as
112	112	provided by Section 39, Article III, Texas Constitution. If this
113	113	Act does not receive the vote necessary for immediate effect, this
114	114	Act takes effect September 1, 2023.
115	115	______________________________ ______________________________
116	116	President of the Senate Speaker of the House
117	117	I certify that H.B. No. 1161 was passed by the House on April
118	118	6, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not
119	119	voting.
120	120	______________________________
121	121	Chief Clerk of the House
122	122	I certify that H.B. No. 1161 was passed by the Senate on May
123	123	11, 2023, by the following vote: Yeas 30, Nays 0.
124	124	______________________________
125	125	Secretary of the Senate
126	126	APPROVED: _____________________
127	127	Date
128	128	_____________________
129	129	Governor