Texas 2025 - 89th Regular

Texas House Bill HB1686 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R21652 AJZ-F
2		-	By: Hull, Cook, Slawson, Howard, Bowers H.B. No. 1686
3		-	Substitute the following for H.B. No. 1686:
4		-	By: Money C.S.H.B. No. 1686
	1	+	89R4215 AJZ-F
	2	+	By: Hull H.B. No. 1686
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to victims of sex offenses, sex-based human trafficking
12		-	offenses, or acts of a sexual nature, to the confidentiality of or
13		-	restrictions on the availability of certain property, material, or
14		-	information regarding those victims, offenses, or acts, and to the
15		-	duties of peace officers regarding interactions with those victims.
	10	+	offenses, or acts of a sexual nature and to the confidentiality of
	11	+	or restrictions on the availability of certain property, material,
	12	+	or information regarding those victims, offenses, or acts.
16	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	14		SECTION 1. Article 38.435, Code of Criminal Procedure, is
18	15		amended to read as follows:
19	16		Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC
20	17		MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER
21	18		SEX OFFENSE; PLACEMENT UNDER SEAL. (a) Evidence collected during a
22	19		forensic medical examination conducted under Subchapter G, Chapter
23	20		56A, may not be used to investigate or prosecute a misdemeanor
24	21		offense, or an offense under Subchapter D, Chapter 481, Health and
25	22		Safety Code, alleged to have been committed by the victim from whom
26	23		the evidence was collected.
27	24		(b) During the course of a criminal hearing or proceeding,
28	25		the court may not make available or allow to be made available for
29	26		copying or dissemination to the public any property or material
30	27		related to or derived from evidence described by Subsection (a),
31	28		including a visual image or a recording made as part of the
32	29		examination.
33	30		(c) The court shall place property or material described by
34	31		Subsection (a) under seal of the court on the conclusion of the
35	32		hearing or proceeding.
36		-	(d) A court that places under seal property or material
	33	+	(d) The attorney representing the state shall be provided
	34	+	access to property or material described by Subsection (a). In the
	35	+	manner provided by Article 39.152, the defendant, the defendant's
	36	+	attorney, and any individual the defendant seeks to qualify to
	37	+	provide expert testimony at trial shall be provided access to the
	38	+	property or material described by Subsection (a).
	39	+	(e) A court that places under seal property or material
37	40		described by Subsection (a) may issue an order lifting the seal on a
38	41		finding that the order is in the best interest of the public.
39	42		SECTION 2. The heading to Article 38.451, Code of Criminal
40	43		Procedure, is amended to read as follows:
41	44		Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING
42	45		[OF CHILD].
43	46		SECTION 3. Article 38.451(a), Code of Criminal Procedure,
44	47		is amended to read as follows:
45	48		(a) During the course of a criminal hearing or proceeding
46	49		concerning an offense under Section 21.15, Penal Code, [that was
47	50		committed against a child younger than 14 years of age,] the court
48	51		may [shall] not make available or allow to be made available for
49	52		[the] copying or dissemination to the public property or material
50	53		that constitutes or contains a visual image, as described by
51	54		Section 21.15(b), Penal Code, [of a child younger than 14 years of
52	55		age] and that was seized by law enforcement based on a reasonable
53	56		suspicion that an offense under that subsection has been committed.
54		-	SECTION 4. Chapter 39, Code of Criminal Procedure, is
	57	+	SECTION 4. Article 39.14(a), Code of Criminal Procedure, is
	58	+	amended to read as follows:
	59	+	(a) Subject to the restrictions provided by Section
	60	+	264.408, Family Code, Subchapter D, Chapter 420, Government Code,
	61	+	and Articles [Article] 39.15, 39.151, 39.152, and 39.153 of this
	62	+	code, as soon as practicable after receiving a timely request from
	63	+	the defendant the state shall produce and permit the inspection and
	64	+	the electronic duplication, copying, and photographing, by or on
	65	+	behalf of the defendant, of any offense reports, any designated
	66	+	documents, papers, written or recorded statements of the defendant
	67	+	or a witness, including witness statements of law enforcement
	68	+	officers but not including the work product of counsel for the state
	69	+	in the case and their investigators and their notes or report, or
	70	+	any designated books, accounts, letters, photographs, or objects or
	71	+	other tangible things not otherwise privileged that constitute or
	72	+	contain evidence material to any matter involved in the action and
	73	+	that are in the possession, custody, or control of the state or any
	74	+	person under contract with the state. The state may provide to the
	75	+	defendant electronic duplicates of any documents or other
	76	+	information described by this article. The rights granted to the
	77	+	defendant under this article do not extend to written
	78	+	communications between the state and an agent, representative, or
	79	+	employee of the state. This article does not authorize the removal
	80	+	of the documents, items, or information from the possession of the
	81	+	state, and any inspection shall be in the presence of a
	82	+	representative of the state.
	83	+	SECTION 5. The heading to Article 39.151, Code of Criminal
	84	+	Procedure, is amended to read as follows:
	85	+	Art. 39.151. DISCOVERY OF EVIDENCE DEPICTING INVASIVE
	86	+	VISUAL RECORDING [OF CHILD].
	87	+	SECTION 6. Article 39.151(a), Code of Criminal Procedure,
	88	+	is amended to read as follows:
	89	+	(a) In the manner provided by this article, a court shall
	90	+	allow discovery of property or material that constitutes or
	91	+	contains a visual image, as described by Section 21.15(b), Penal
	92	+	Code, [of a child younger than 14 years of age] and that was seized
	93	+	by law enforcement based on a reasonable suspicion that an offense
	94	+	under that subsection has been committed.
	95	+	SECTION 7. Chapter 39, Code of Criminal Procedure, is
55	96		amended by adding Articles 39.152 and 39.153 to read as follows:
56		-	Art. 39.152. DISCOVERY OF EVIDENCE DEPICTING INVASIVE
57		-	VISUAL RECORDING OF PERSON 14 YEARS OF AGE OR OLDER. (a) In the
58		-	manner provided by this article, a court shall allow discovery of
59		-	property or material that constitutes or contains a visual image,
60		-	as described by Section 21.15(b), Penal Code, of a person 14 years
61		-	of age or older and that was seized by law enforcement based on a
62		-	reasonable suspicion that an offense under that subsection has been
63		-	committed.
64		-	(b) The court shall enter a protective order that prohibits
65		-	copying or dissemination of property or material described by
66		-	Subsection (a) that is produced to the defendant or the defendant's
67		-	attorney under Article 39.14.
68		-	(c) Any property or material described by Subsection (a)
69		-	that is produced under Article 39.14 and not offered as and admitted
70		-	to evidence must either be returned to the state or destroyed at the
71		-	time of the final disposition of the case.
72		-	Art. 39.153. DISCOVERY OF PROPERTY OR MATERIAL FROM
	97	+	Art. 39.152. DISCOVERY OF PROPERTY OR MATERIAL FROM
73	98		FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT
74	99		OR OTHER SEX OFFENSE. (a) In the manner provided by this article, a
75	100		court shall allow discovery of property or material that
76	101		constitutes or contains a visual image or a recording that was made
77	102		as part of a forensic medical examination.
78		-	(b) The court shall enter a protective order that prohibits
79		-	copying or dissemination of property or material described by
80		-	Subsection (a) that is produced to the defendant or the defendant's
81		-	attorney under Article 39.14.
82		-	(c) Any property or material described by Subsection (a)
83		-	that is produced under Article 39.14 and not offered as and admitted
84		-	to evidence must either be returned to the state or destroyed at the
85		-	time of the final disposition of the case.
86		-	SECTION 5. Articles 56A.403(a) and (d), Code of Criminal
87		-	Procedure, are amended to read as follows:
88		-	(a) A peace officer who investigates an incident involving
89		-	sexual assault or who responds to a disturbance call that may
90		-	involve sexual assault shall provide to the victim a written notice
91		-	containing information about the rights of crime victims under
92		-	Article 56A.052 and the rights and procedures under Chapter 58.
93		-	(d) The notice required by Subsection (b) must be in English
94		-	and Spanish and include the current contact information for a
95		-	victim assistance coordinator under Article 56A.201 and a crime
96		-	victim liaison under Article 56A.203. The notice is considered
97		-	sufficient if it includes the following statements:
98		-	"NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"
99		-	"It is a crime for any person to cause you any physical injury
100		-	or harm."
101		-	"Please tell the investigating peace officer if you have been
102		-	injured or if you feel you are going to be in danger when the officer
103		-	leaves or at a later time."
104		-	"You have the right to:
105		-	"(1) obtain a forensic medical examination within 120 hours
106		-	of the assault to collect potential evidence and receive
107		-	preventative medications, even if you decide not to make a report to
108		-	a law enforcement agency;
109		-	"(2) anonymously track or receive updates regarding the
110		-	status and location of each item of evidence collected in your case;
111		-	"(3) have a sexual assault program advocate present during a
112		-	forensic medical examination;
113		-	"(4) have a sexual assault program advocate or other
114		-	victim's representative present during an investigative interview
115		-	with law enforcement;
116		-	"(5) ask the local prosecutor to file a criminal complaint
117		-	against the person who assaulted you; and
118		-	"(6) if a defendant is arrested for a crime against you
119		-	involving certain sexual crimes, stalking, or trafficking:
120		-	"(A) request an order for emergency protection to be
121		-	issued by a magistrate; [and]
122		-	"(B) using procedures provided by Chapter 58, Code of
123		-	Criminal Procedure, request a pseudonym to be used instead of your
124		-	name in all public files and records concerning the offense; and
125		-	"(C) apply to a court for a permanent order to protect
126		-	you (you should consult a legal aid office, a prosecuting attorney,
127		-	or a private attorney)."
128		-	"For example, the court can enter an order that prohibits the
129		-	person who assaulted you from:
130		-	"(1) committing further acts of violence;
131		-	"(2) threatening, harassing, or contacting you or a member
132		-	of your family or household; and
133		-	"(3) going near your place of employment or near a child
134		-	care facility or school attended by you or a member of your family
135		-	or household."
136		-	"You cannot be charged a fee by a court in connection with
137		-	filing, serving, or entering a protective order."
138		-	"If you have questions about the status of your case or need
139		-	assistance, you may contact the crime victim liaison (insert name)
140		-	at our agency (law enforcement agency address and victim liaison
141		-	phone number)."
142		-	"If you would like to speak with someone in the prosecuting
143		-	attorney's office, you may reach their victim assistance
144		-	coordinator at (address and phone number)."
145		-	"Call the following sexual assault program or social service
146		-	organization if you need assistance or wish to speak with an
147		-	advocate:
148		-	"__________________________________________
149		-	"__________________________________________."
150		-	"You may receive a sexual assault forensic medical
151		-	examination at the following location(s):
152		-	"__________________________________________
153		-	"__________________________________________."
154		-	"To get help from the National Human Trafficking Hotline:
155		-	1-888-373-7888 or text HELP or INFO to BeFree (233733)."
156		-	SECTION 6. Article 58.102, Code of Criminal Procedure, is
	103	+	(b) Property or material described by Subsection (a) must
	104	+	remain in the care, custody, or control of the court or the state,
	105	+	as provided by Article 38.435.
	106	+	(c) A court shall deny any request by a defendant to copy,
	107	+	photograph, duplicate, or otherwise reproduce any property or
	108	+	material described by Subsection (a), provided that the state makes
	109	+	the property or material reasonably available to the defendant.
	110	+	(d) For purposes of Subsection (c), property or material is
	111	+	considered to be reasonably available to the defendant if, at a
	112	+	facility under the control of the state, the state provides ample
	113	+	opportunity for the inspection, viewing, and examination of the
	114	+	property or material by the defendant, the defendant's attorney,
	115	+	and any individual the defendant seeks to qualify to provide expert
	116	+	testimony at trial.
	117	+	Art. 39.153. DISCOVERY OF COMMUNICATION OR RECORD THAT IS
	118	+	CONFIDENTIAL OR PRIVILEGED BY LAW. (a) This article applies only
	119	+	to a communication or record collected during the investigation of
	120	+	an offense under:
	121	+	(1) Section 21.02, 21.11, 21.15, 22.011, 22.012, or
	122	+	22.021, Penal Code;
	123	+	(2) Section 20A.02(a)(3), (4), (7), or (8), Penal
	124	+	Code; or
	125	+	(3) Section 20A.03, Penal Code, if the offense is
	126	+	based partly or wholly on conduct that constitutes an offense
	127	+	described by Subdivision (2).
	128	+	(b) In the manner provided by this article, a court shall
	129	+	allow discovery of a communication or record described by
	130	+	Subsection (a) that is otherwise confidential or privileged by law.
	131	+	(c) Not later than the 30th day before the date the trial is
	132	+	scheduled to begin, a defendant in a criminal action for an offense
	133	+	described by Subsection (a) may make a motion for disclosure of a
	134	+	communication or record that is confidential or privileged by law.
	135	+	The motion must include a supporting affidavit showing reasonable
	136	+	grounds to believe the confidential or privileged communication or
	137	+	record contains exculpatory evidence.
	138	+	(d) The defendant shall serve the motion on the attorney
	139	+	representing the state, the victim or the victim's representative,
	140	+	and the person who is the subject of the grant of confidentiality or
	141	+	who holds the privilege with regard to the communication or record
	142	+	at issue.
	143	+	(e) The court shall provide the victim the opportunity to
	144	+	retain counsel to respond to the defendant's motion.
	145	+	(f) After a hearing on the defendant's motion, the court
	146	+	shall order the confidential or privileged communication or record
	147	+	to be produced for the court under seal and shall examine the
	148	+	communication or record in camera if the court finds by a
	149	+	preponderance of the evidence that:
	150	+	(1) there is a good-faith, specific, and reasonable
	151	+	basis for believing that the confidential or privileged
	152	+	communication or record is relevant, material, and exculpatory on
	153	+	the issue of guilt for the offense charged; and
	154	+	(2) the confidential or privileged communication or
	155	+	record would not be duplicative of other evidence or information
	156	+	available or already obtained by the defendant.
	157	+	(g) The court shall disclose to the defendant and to the
	158	+	state only the evidence that the court finds to be exculpatory on
	159	+	the issue of guilt for the offense charged.
	160	+	SECTION 8. Article 58.102, Code of Criminal Procedure, is
157	161		amended to read as follows:
158	162		Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
159	163		A victim may choose a pseudonym to be used instead of the victim's
160	164		name to designate the victim in all public files and records
161	165		concerning the offense, including police summary reports, press
162	166		releases, and records of judicial proceedings. A victim who elects
163	167		to use a pseudonym as provided by this subchapter must complete a
164	168		pseudonym form developed under Subsection (b) and return the form
165	169		to the law enforcement agency investigating the offense or to the
166	170		office of the attorney representing the state prosecuting the
167	171		offense.
168	172		(b) The Sexual Assault Prevention and Crisis Services
169	173		Program of the office of the attorney general shall develop and
170	174		distribute to all law enforcement agencies of the state and to each
171	175		office of the attorney representing the state a pseudonym form to
172	176		record the name, address, telephone number, and pseudonym of a
173	177		victim.
174		-	SECTION 7. Article 58.103, Code of Criminal Procedure, is
	178	+	SECTION 9. Article 58.103, Code of Criminal Procedure, is
175	179		amended to read as follows:
176	180		Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A
177	181		victim who completes a pseudonym form and returns the form to the
178	182		law enforcement agency investigating the offense or to the office
179	183		of the attorney representing the state prosecuting the offense may
180	184		not be required to disclose the victim's name, address, and
181	185		telephone number in connection with the investigation or
182	186		prosecution of the offense.
183	187		(b) A law enforcement agency or an office of the attorney
184	188		representing the state receiving a pseudonym form under Subsection
185	189		(a) shall send a copy of the form to each other agency or office
186	190		investigating or prosecuting the offense.
187	191		(c) A completed and returned pseudonym form is confidential
188	192		and may not be disclosed to any person other than a defendant in the
189	193		case or the defendant's attorney, except as provided by Subsection
190	194		(b) or by [on an] order of a court. The court finding required by
191	195		Article 58.104 is not required to disclose the confidential
192	196		pseudonym form to the defendant in the case or to the defendant's
193	197		attorney.
194	198		(d) A [(c) If a victim completes a pseudonym form and
195	199		returns the form to a law enforcement agency under Article
196	200		58.102(a), the] law enforcement agency receiving the form or a copy
197	201		of the form shall:
198	202		(1) remove the victim's name and substitute the
199	203		pseudonym for the name on all reports, files, and records in the
200	204		agency's possession; and
201	205		(2) [notify the attorney representing the state of the
202	206		pseudonym and that the victim has elected to be designated by the
203	207		pseudonym; and
204	208		[(3)] maintain the form in a manner that protects the
205	209		confidentiality of the information contained on the form.
206	210		(e) An office of the attorney representing the state
207	211		receiving the form or a copy of the form shall:
208	212		(1) remove the victim's name and substitute the
209	213		pseudonym for the name on all reports, files, and records in the
210	214		office's possession;
211	215		(2) maintain the form in a manner that protects the
212	216		confidentiality of the information contained on the form; and
213	217		(3) [(d) An attorney representing the state who
214	218		receives notice that a victim has elected to be designated by a
215	219		pseudonym shall] ensure that the victim is designated by the
216	220		pseudonym in all legal proceedings concerning the offense.
217		-	SECTION 8. Chapter 21, Government Code, is amended by
	221	+	SECTION 10. Chapter 21, Government Code, is amended by
218	222		adding Section 21.014 to read as follows:
219	223		Sec. 21.014. ELECTRONIC TRANSMISSION OF COURT PROCEEDINGS
220	224		IN CERTAIN CASES PROHIBITED. (a) This section applies to the
221	225		following:
222	226		(1) criminal or civil court proceedings relating to an
223	227		offense under:
224	228		(A) Section 21.02, 21.11, 21.15, 22.011, 22.012,
225	229		or 22.021, Penal Code;
226	230		(B) Section 20A.02(a)(3), (4), (7), or (8), Penal
227	231		Code; or
228	232		(C) Section 20A.03, Penal Code, if the offense is
229	233		based partly or wholly on conduct that constitutes an offense
230	234		described by Paragraph (B); and
231	235		(2) court proceedings relating to:
232	236		(A) a protective order under Chapter 7B, Code of
233	237		Criminal Procedure;
234	238		(B) a magistrate's order for emergency
235	239		protection issued under Article 17.292, Code of Criminal Procedure;
236	240		(C) a protective order issued under Section
237	241		6.504, Family Code; or
238	242		(D) a protective order issued under Chapter 85,
239	243		Family Code.
240	244		(b) A court may not allow the electronic transmission or
241	245		broadcasting of court proceedings described by Subsection (a) in
242	246		which evidence or testimony is offered that depicts or describes
243	247		acts of a sexual nature unless the court provides notice to and
244	248		receives express consent for the transmission or broadcasting from:
245	249		(1) the victim or the parent, conservator, or guardian
246	250		of the victim, as applicable;
247	251		(2) the attorney representing the state; and
248	252		(3) the defendant.
249		-	SECTION 9. Articles 38.435 and 38.451, Code of Criminal
250		-	Procedure, as amended by this Act, and Articles 39.152 and 39.153,
251		-	Code of Criminal Procedure, and Section 21.014, Government Code, as
252		-	added by this Act, apply only to a court hearing or proceeding that
253		-	commences on or after the effective date of this Act. A court
254		-	hearing or proceeding that commences before the effective date of
255		-	this Act is governed by the law in effect on the date the hearing or
256		-	proceeding commenced, and the former law is continued in effect for
257		-	that purpose.
258		-	SECTION 10. Article 56A.403, Code of Criminal Procedure, as
259		-	amended by this Act, applies only to a peace officer's
260		-	investigation or response that occurs on or after the effective
261		-	date of this Act. A peace officer's investigation or response that
262		-	occurs before the effective date of this Act is governed by the law
263		-	in effect on the date the investigation was conducted or the
264		-	response was made, and the former law is continued in effect for
265		-	that purpose.
266		-	SECTION 11. This Act takes effect September 1, 2025.
	253	+	SECTION 11. Subchapter C, Chapter 552, Government Code, is
	254	+	amended by adding Section 552.1082 to read as follows:
	255	+	Sec. 552.1082. EXCEPTION: CERTAIN ELECTRONIC INFORMATION
	256	+	HELD BY PROSECUTOR, LAW ENFORCEMENT AGENCY, OR CORRECTIONS AGENCY.
	257	+	(a) Information held by a prosecutor, law enforcement agency, or
	258	+	corrections agency is excepted from the requirements of Section
	259	+	552.021 if the information:
	260	+	(1) was obtained, or is a copy of information
	261	+	obtained, from:
	262	+	(A) an electronic communication device;
	263	+	(B) a computer, tablet, or other similar device;
	264	+	or
	265	+	(C) a disk, flash drive, or other electronic
	266	+	storage device;
	267	+	(2) was obtained by any prosecutor, law enforcement
	268	+	agency, or corrections agency:
	269	+	(A) during the course of the detection,
	270	+	investigation, or prosecution of an offense under:
	271	+	(i) Section 21.02, 21.11, 21.15, 22.011,
	272	+	22.012, or 22.021, Penal Code;
	273	+	(ii) Section 20A.02(a)(3), (4), (7), or
	274	+	(8), Penal Code; or
	275	+	(iii) Section 20A.03, Penal Code, if the
	276	+	offense is based partly or wholly on conduct that constitutes an
	277	+	offense described by Subparagraph (ii); and
	278	+	(B) in a manner related to the detection,
	279	+	investigation, or prosecution of a crime described by Paragraph
	280	+	(A); and
	281	+	(3) was not written or produced by a prosecutor, law
	282	+	enforcement agency, or corrections agency.
	283	+	(b) Subject to Subsection (c), a governmental body may
	284	+	redact information described by Subsection (a) from any information
	285	+	the governmental body discloses under Section 552.021 without the
	286	+	necessity of requesting a decision from the attorney general under
	287	+	Subchapter G.
	288	+	(c) A governmental body that redacts or withholds
	289	+	information under Subsection (b) shall provide a written notice to
	290	+	the requestor:
	291	+	(1) stating that information is being withheld from
	292	+	the requestor as provided by this section;
	293	+	(2) identifying the device described by Subsection
	294	+	(a)(1) from which the information was obtained; and
	295	+	(3) including, if known, the name of the person who
	296	+	owned or possessed the device from which the information was
	297	+	obtained at the time the device was obtained by a prosecutor, law
	298	+	enforcement agency, or corrections agency.
	299	+	SECTION 12. (a) Articles 38.435, 38.451, 39.14, and
	300	+	39.151, Code of Criminal Procedure, as amended by this Act, and
	301	+	Articles 39.152 and 39.153, Code of Criminal Procedure, and Section
	302	+	21.014, Government Code, as added by this Act, apply only to a court
	303	+	hearing or proceeding that commences on or after the effective date
	304	+	of this Act. A court hearing or proceeding that commences before
	305	+	the effective date of this Act is governed by the law in effect on
	306	+	the date the hearing or proceeding commenced, and the former law is
	307	+	continued in effect for that purpose.
	308	+	(b) Section 552.1082, Government Code, as added by this Act,
	309	+	applies only to a request for public information received by a
	310	+	governmental body on or after the effective date of this Act.
	311	+	SECTION 13. This Act takes effect September 1, 2025.