Texas 2025 - 89th Regular

Texas House Bill HB1975 Compare Versions

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

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1	1	By: Cook H.B. No. 1975
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to victims of sex offenses, sex-based human trafficking
9	9	offenses, or acts of a sexual nature and to the confidentiality of
10	10	or restrictions on the availability of certain property, material,
11	11	or information regarding those victims, offenses, or acts.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 38.435, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC
16	16	MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER
17	17	SEX OFFENSE; PLACEMENT UNDER SEAL. (a) Evidence collected during a
18	18	forensic medical examination conducted under Subchapter G, Chapter
19	19	56A, may not be used to investigate or prosecute a misdemeanor
20	20	offense, or an offense under Subchapter D, Chapter 481, Health and
21	21	Safety Code, alleged to have been committed by the victim from whom
22	22	the evidence was collected.
23	23	(b) During the course of a criminal hearing or proceeding,
24	24	the court may not make available or allow to be made available for
25	25	copying or dissemination to the public any property or material
26	26	related to or derived from evidence described by Subsection (a),
27	27	including a visual image or a recording made as part of the
28	28	examination.
29	29	(c) The court shall place property or material described by
30	30	Subsection (a) under seal of the court on the conclusion of the
31	31	hearing or proceeding.
32	32	(d) The attorney representing the state shall be provided
33	33	access to property or material described by Subsection (a). In the
34	34	manner provided by Article 39.152, the defendant, the defendant's
35	35	attorney, and any individual the defendant seeks to qualify to
36	36	provide expert testimony at trial shall be provided access to the
37	37	property or material described by Subsection (a).
38	38	(e) A court that places under seal property or material
39	39	described by Subsection (a) may issue an order lifting the seal on a
40	40	finding that the order is in the best interest of the public.
41	41	SECTION 2. The heading to Article 38.451, Code of Criminal
42	42	Procedure, is amended to read as follows:
43	43	Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING
44	44	[OF CHILD].
45	45	SECTION 3. Article 38.451(a), Code of Criminal Procedure,
46	46	is amended to read as follows:
47	47	(a) During the course of a criminal hearing or proceeding
48	48	concerning an offense under Section 21.15, Penal Code, [that was
49	49	committed against a child younger than 14 years of age,] the court
50	50	may [shall] not make available or allow to be made available for
51	51	[the] copying or dissemination to the public property or material
52	52	that constitutes or contains a visual image, as described by
53	53	Section 21.15(b), Penal Code, [of a child younger than 14 years of
54	54	age] and that was seized by law enforcement based on a reasonable
55	55	suspicion that an offense under that subsection has been committed.
56	56	SECTION 4. Article 39.14(a), Code of Criminal Procedure, is
57	57	amended to read as follows:
58	58	(a) Subject to the restrictions provided by Section
59	59	264.408, Family Code, Subchapter D, Chapter 420, Government Code,
60	60	and Articles [Article] 39.15, 39.151, 39.152, and 39.153 of this
61	61	code, as soon as practicable after receiving a timely request from
62	62	the defendant the state shall produce and permit the inspection and
63	63	the electronic duplication, copying, and photographing, by or on
64	64	behalf of the defendant, of any offense reports, any designated
65	65	documents, papers, written or recorded statements of the defendant
66	66	or a witness, including witness statements of law enforcement
67	67	officers but not including the work product of counsel for the state
68	68	in the case and their investigators and their notes or report, or
69	69	any designated books, accounts, letters, photographs, or objects or
70	70	other tangible things not otherwise privileged that constitute or
71	71	contain evidence material to any matter involved in the action and
72	72	that are in the possession, custody, or control of the state or any
73	73	person under contract with the state. The state may provide to the
74	74	defendant electronic duplicates of any documents or other
75	75	information described by this article. The rights granted to the
76	76	defendant under this article do not extend to written
77	77	communications between the state and an agent, representative, or
78	78	employee of the state. This article does not authorize the removal
79	79	of the documents, items, or information from the possession of the
80	80	state, and any inspection shall be in the presence of a
81	81	representative of the state.
82	82	SECTION 5. The heading to Article 39.151, Code of Criminal
83	83	Procedure, is amended to read as follows:
84	84	Art. 39.151. DISCOVERY OF EVIDENCE DEPICTING INVASIVE
85	85	VISUAL RECORDING [OF CHILD].
86	86	SECTION 6. Article 39.151(a), Code of Criminal Procedure,
87	87	is amended to read as follows:
88	88	(a) In the manner provided by this article, a court shall
89	89	allow discovery of property or material that constitutes or
90	90	contains a visual image, as described by Section 21.15(b), Penal
91	91	Code, [of a child younger than 14 years of age] and that was seized
92	92	by law enforcement based on a reasonable suspicion that an offense
93	93	under that subsection has been committed.
94	94	SECTION 7. Chapter 39, Code of Criminal Procedure, is
95	95	amended by adding Articles 39.152 and 39.153 to read as follows:
96	96	Art. 39.152. DISCOVERY OF PROPERTY OR MATERIAL FROM
97	97	FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT
98	98	OR OTHER SEX OFFENSE. (a) In the manner provided by this article, a
99	99	court shall allow discovery of property or material that
100	100	constitutes or contains a visual image or a recording that was made
101	101	as part of a forensic medical examination.
102	102	(b) Property or material described by Subsection (a) must
103	103	remain in the care, custody, or control of the court or the state,
104	104	as provided by Article 38.435.
105	105	(c) A court shall deny any request by a defendant to copy,
106	106	photograph, duplicate, or otherwise reproduce any property or
107	107	material described by Subsection (a), provided that the state makes
108	108	the property or material reasonably available to the defendant.
109	109	(d) For purposes of Subsection (c), property or material is
110	110	considered to be reasonably available to the defendant if, at a
111	111	facility under the control of the state, the state provides ample
112	112	opportunity for the inspection, viewing, and examination of the
113	113	property or material by the defendant, the defendant's attorney,
114	114	and any individual the defendant seeks to qualify to provide expert
115	115	testimony at trial.
116	116	Art. 39.153. DISCOVERY OF COMMUNICATION OR RECORD THAT IS
117	117	CONFIDENTIAL OR PRIVILEGED BY LAW. (a) This article applies only
118	118	to a communication or record collected during the investigation of
119	119	an offense under:
120	120	(1) Section 21.02, 21.11, 21.15, 22.011, 22.012, or
121	121	22.021, Penal Code;
122	122	(2) Section 20A.02(a)(3), (4), (7), or (8), Penal
123	123	Code; or
124	124	(3) Section 20A.03, Penal Code, if the offense is
125	125	based partly or wholly on conduct that constitutes an offense
126	126	described by Subdivision (2).
127	127	(b) In the manner provided by this article, a court shall
128	128	allow discovery of a communication or record described by
129	129	Subsection (a) that is otherwise confidential or privileged by law.
130	130	(c) Not later than the 30th day before the date the trial is
131	131	scheduled to begin, a defendant in a criminal action for an offense
132	132	described by Subsection (a) may make a motion for disclosure of a
133	133	communication or record that is confidential or privileged by law.
134	134	The motion must include a supporting affidavit showing reasonable
135	135	grounds to believe the confidential or privileged communication or
136	136	record contains exculpatory evidence.
137	137	(d) The defendant shall serve the motion on the attorney
138	138	representing the state, the victim or the victim's representative,
139	139	and the person who is the subject of the grant of confidentiality or
140	140	who holds the privilege with regard to the communication or record
141	141	at issue.
142	142	(e) The court shall provide the victim the opportunity to
143	143	retain counsel to respond to the defendant's motion.
144	144	(f) After a hearing on the defendant's motion, the court
145	145	shall order the confidential or privileged communication or record
146	146	to be produced for the court under seal and shall examine the
147	147	communication or record in camera if the court finds by a
148	148	preponderance of the evidence that:
149	149	(1) there is a good-faith, specific, and reasonable
150	150	basis for believing that the confidential or privileged
151	151	communication or record is relevant, material, and exculpatory on
152	152	the issue of guilt for the offense charged; and
153	153	(2) the confidential or privileged communication or
154	154	record would not be duplicative of other evidence or information
155	155	available or already obtained by the defendant.
156	156	(g) The court shall disclose to the defendant and to the
157	157	state only the evidence that the court finds to be exculpatory on
158	158	the issue of guilt for the offense charged.
159	159	SECTION 8. Article 58.102, Code of Criminal Procedure, is
160	160	amended to read as follows:
161	161	Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
162	162	A victim may choose a pseudonym to be used instead of the victim's
163	163	name to designate the victim in all public files and records
164	164	concerning the offense, including police summary reports, press
165	165	releases, and records of judicial proceedings. A victim who elects
166	166	to use a pseudonym as provided by this subchapter must complete a
167	167	pseudonym form developed under Subsection (b) and return the form
168	168	to the law enforcement agency investigating the offense or to the
169	169	office of the attorney representing the state prosecuting the
170	170	offense.
171	171	(b) The Sexual Assault Prevention and Crisis Services
172	172	Program of the office of the attorney general shall develop and
173	173	distribute to all law enforcement agencies of the state and to each
174	174	office of the attorney representing the state a pseudonym form to
175	175	record the name, address, telephone number, and pseudonym of a
176	176	victim.
177	177	SECTION 9. Article 58.103, Code of Criminal Procedure, is
178	178	amended to read as follows:
179	179	Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A
180	180	victim who completes a pseudonym form and returns the form to the
181	181	law enforcement agency investigating the offense or to the office
182	182	of the attorney representing the state prosecuting the offense may
183	183	not be required to disclose the victim's name, address, and
184	184	telephone number in connection with the investigation or
185	185	prosecution of the offense.
186	186	(b) A law enforcement agency or an office of the attorney
187	187	representing the state receiving a pseudonym form under Subsection
188	188	(a) shall send a copy of the form to each other agency or office
189	189	investigating or prosecuting the offense.
190	190	(c) A completed and returned pseudonym form is confidential
191	191	and may not be disclosed to any person other than a defendant in the
192	192	case or the defendant's attorney, except as provided by Subsection
193	193	(b) or by [on an] order of a court. The court finding required by
194	194	Article 58.104 is not required to disclose the confidential
195	195	pseudonym form to the defendant in the case or to the defendant's
196	196	attorney.
197	197	(d) A [(c) If a victim completes a pseudonym form and
198	198	returns the form to a law enforcement agency under Article
199	199	58.102(a), the] law enforcement agency receiving the form or a copy
200	200	of the form shall:
201	201	(1) remove the victim's name and substitute the
202	202	pseudonym for the name on all reports, files, and records in the
203	203	agency's possession; and
204	204	(2) [notify the attorney representing the state of the
205	205	pseudonym and that the victim has elected to be designated by the
206	206	pseudonym; and
207	207	[(3)] maintain the form in a manner that protects the
208	208	confidentiality of the information contained on the form.
209	209	(e) An office of the attorney representing the state
210	210	receiving the form or a copy of the form shall:
211	211	(1) remove the victim's name and substitute the
212	212	pseudonym for the name on all reports, files, and records in the
213	213	office's possession;
214	214	(2) maintain the form in a manner that protects the
215	215	confidentiality of the information contained on the form; and
216	216	(3) [(d) An attorney representing the state who
217	217	receives notice that a victim has elected to be designated by a
218	218	pseudonym shall] ensure that the victim is designated by the
219	219	pseudonym in all legal proceedings concerning the offense.
220	220	SECTION 10. Chapter 21, Government Code, is amended by
221	221	adding Section 21.014 to read as follows:
222	222	Sec. 21.014. ELECTRONIC TRANSMISSION OF COURT PROCEEDINGS
223	223	IN CERTAIN CASES PROHIBITED. (a) This section applies to the
224	224	following:
225	225	(1) criminal or civil court proceedings relating to an
226	226	offense under:
227	227	(A) Section 21.02, 21.11, 21.15, 22.011, 22.012,
228	228	or 22.021, Penal Code;
229	229	(B) Section 20A.02(a)(3), (4), (7), or (8), Penal
230	230	Code; or
231	231	(C) Section 20A.03, Penal Code, if the offense is
232	232	based partly or wholly on conduct that constitutes an offense
233	233	described by Paragraph (B); and
234	234	(2) court proceedings relating to:
235	235	(A) a protective order under Chapter 7B, Code of
236	236	Criminal Procedure;
237	237	(B) a magistrate's order for emergency
238	238	protection issued under Article 17.292, Code of Criminal Procedure;
239	239	(C) a protective order issued under Section
240	240	6.504, Family Code; or
241	241	(D) a protective order issued under Chapter 85,
242	242	Family Code.
243	243	(b) A court may not allow the electronic transmission or
244	244	broadcasting of court proceedings described by Subsection (a) in
245	245	which evidence or testimony is offered that depicts or describes
246	246	acts of a sexual nature unless the court provides notice to and
247	247	receives express consent for the transmission or broadcasting from:
248	248	(1) the victim or the parent, conservator, or guardian
249	249	of the victim, as applicable;
250	250	(2) the attorney representing the state; and
251	251	(3) the defendant.
252	252	SECTION 11. Subchapter C, Chapter 552, Government Code, is
253	253	amended by adding Section 552.1082 to read as follows:
254	254	Sec. 552.1082. EXCEPTION: CERTAIN ELECTRONIC INFORMATION
255	255	HELD BY PROSECUTOR, LAW ENFORCEMENT AGENCY, OR CORRECTIONS AGENCY.
256	256	(a) Information held by a prosecutor, law enforcement agency, or
257	257	corrections agency is excepted from the requirements of Section
258	258	552.021 if the information:
259	259	(1) was obtained, or is a copy of information
260	260	obtained, from:
261	261	(A) an electronic communication device;
262	262	(B) a computer, tablet, or other similar device;
263	263	or
264	264	(C) a disk, flash drive, or other electronic
265	265	storage device;
266	266	(2) was obtained by any prosecutor, law enforcement
267	267	agency, or corrections agency:
268	268	(A) during the course of the detection,
269	269	investigation, or prosecution of an offense under:
270	270	(i) Section 21.02, 21.11, 21.15, 22.011,
271	271	22.012, or 22.021, Penal Code;
272	272	(ii) Section 20A.02(a)(3), (4), (7), or
273	273	(8), Penal Code; or
274	274	(iii) Section 20A.03, Penal Code, if the
275	275	offense is based partly or wholly on conduct that constitutes an
276	276	offense described by Subparagraph (ii); and
277	277	(B) in a manner related to the detection,
278	278	investigation, or prosecution of a crime described by Paragraph
279	279	(A); and
280	280	(3) was not written or produced by a prosecutor, law
281	281	enforcement agency, or corrections agency.
282	282	(b) Subject to Subsection (c), a governmental body may
283	283	redact information described by Subsection (a) from any information
284	284	the governmental body discloses under Section 552.021 without the
285	285	necessity of requesting a decision from the attorney general under
286	286	Subchapter G.
287	287	(c) A governmental body that redacts or withholds
288	288	information under Subsection (b) shall provide a written notice to
289	289	the requestor:
290	290	(1) stating that information is being withheld from
291	291	the requestor as provided by this section;
292	292	(2) identifying the device described by Subsection
293	293	(a)(1) from which the information was obtained; and
294	294	(3) including, if known, the name of the person who
295	295	owned or possessed the device from which the information was
296	296	obtained at the time the device was obtained by a prosecutor, law
297	297	enforcement agency, or corrections agency.
298	298	SECTION 12. (a) Articles 38.435, 38.451, 39.14, and
299	299	39.151, Code of Criminal Procedure, as amended by this Act, and
300	300	Articles 39.152 and 39.153, Code of Criminal Procedure, and Section
301	301	21.014, Government Code, as added by this Act, apply only to a court
302	302	hearing or proceeding that commences on or after the effective date
303	303	of this Act. A court hearing or proceeding that commences before
304	304	the effective date of this Act is governed by the law in effect on
305	305	the date the hearing or proceeding commenced, and the former law is
306	306	continued in effect for that purpose.
307	307	(b) Section 552.1082, Government Code, as added by this Act,
308	308	applies only to a request for public information received by a
309	309	governmental body on or after the effective date of this Act.
310	310	SECTION 13. This Act takes effect September 1, 2025.