Texas 2025 - 89th Regular

Texas Senate Bill SB836 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Paxton, Eckhardt S.B. No. 836
2		-
3		-
	1	+	By: Paxton S.B. No. 836
	2	+	(In the Senate - Filed January 17, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 31, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; March 31, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 836 By: Flores
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to victims of sex offenses, sex-based human trafficking
9	14		offenses, or acts of a sexual nature and to the confidentiality of
10	15		or restrictions on the availability of certain property, material,
11	16		or information regarding those victims, offenses, or acts.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. Article 38.435, Code of Criminal Procedure, is
14	19		amended to read as follows:
15	20		Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC
16	21		MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER
17	22		SEX OFFENSE; PLACEMENT UNDER SEAL. (a) Evidence collected during a
18	23		forensic medical examination conducted under Subchapter G, Chapter
19	24		56A, may not be used to investigate or prosecute a misdemeanor
20	25		offense, or an offense under Subchapter D, Chapter 481, Health and
21	26		Safety Code, alleged to have been committed by the victim from whom
22	27		the evidence was collected.
23	28		(b) During the course of a criminal hearing or proceeding,
24	29		the court may not make available or allow to be made available for
25	30		copying or dissemination to the public any property or material
26	31		related to or derived from evidence described by Subsection (a),
27	32		including a visual image or a recording made as part of the
28	33		examination.
29	34		(c) The court shall place property or material described by
30	35		Subsection (a) under seal of the court on the conclusion of the
31	36		hearing or proceeding.
32	37		(d) A court that places under seal property or material
33	38		described by Subsection (a) may issue an order lifting the seal on a
34	39		finding that the order is in the best interest of the public.
35	40		SECTION 2. The heading to Article 38.451, Code of Criminal
36	41		Procedure, is amended to read as follows:
37	42		Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING
38	43		[OF CHILD].
39	44		SECTION 3. Article 38.451(a), Code of Criminal Procedure,
40	45		is amended to read as follows:
41	46		(a) During the course of a criminal hearing or proceeding
42	47		concerning an offense under Section 21.15, Penal Code, [that was
43	48		committed against a child younger than 14 years of age,] the court
44	49		may [shall] not make available or allow to be made available for
45	50		[the] copying or dissemination to the public property or material
46	51		that constitutes or contains a visual image, as described by
47	52		Section 21.15(b), Penal Code, [of a child younger than 14 years of
48	53		age] and that was seized by law enforcement based on a reasonable
49	54		suspicion that an offense under that subsection has been committed.
50	55		SECTION 4. Chapter 39, Code of Criminal Procedure, is
51	56		amended by adding Articles 39.152 and 39.153 to read as follows:
52	57		Art. 39.152. DISCOVERY OF EVIDENCE DEPICTING INVASIVE
53	58		VISUAL RECORDING OF PERSON 14 YEARS OF AGE OR OLDER. (a) In the
54	59		manner provided by this article, a court shall allow discovery of
55	60		property or material that constitutes or contains a visual image,
56		-	as described by Section 21.15(b), Penal Code, of a ~~person~~ 14 years
57		-	of age or older and that was seized by law enforcement based on a
	61	+	as described by Section 21.15(b), Penal Code, of a child 14 years of
	62	+	age or older and that was seized by law enforcement based on a
58	63		reasonable suspicion that an offense under that subsection has been
59	64		committed.
60	65		(b) The court shall enter a protective order that prohibits
61	66		copying or dissemination of property or material described by
62	67		Subsection (a) that is produced to the defendant or the defendant's
63	68		attorney under Article 39.14.
64	69		(c) Any property or material described by Subsection (a)
65	70		that is produced under Article 39.14 and not offered as and admitted
66	71		to evidence must either be returned to the state or destroyed at the
67	72		time of the final disposition of the case.
68	73		Art. 39.153. DISCOVERY OF PROPERTY OR MATERIAL FROM
69	74		FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT
70	75		OR OTHER SEX OFFENSE. (a) In the manner provided by this article, a
71	76		court shall allow discovery of property or material that
72	77		constitutes or contains a visual image or a recording that was made
73	78		as part of a forensic medical examination.
74	79		(b) The court shall enter a protective order that prohibits
75	80		copying or dissemination of property or material described by
76	81		Subsection (a) that is produced to the defendant or the defendant's
77	82		attorney under Article 39.14.
78	83		(c) Any property or material described by Subsection (a)
79	84		that is produced under Article 39.14 and not offered as and admitted
80	85		to evidence must either be returned to the state or destroyed at the
81	86		time of the final disposition of the case.
82		-	SECTION 5. Articles 56A.403(a) and (d), Code of Criminal
83		-	Procedure, are amended to read as follows:
84		-	(a) A peace officer who investigates an incident involving
85		-	sexual assault or who responds to a disturbance call that may
86		-	involve sexual assault shall provide to the victim a written notice
87		-	containing information about the rights of crime victims under
88		-	Article 56A.052 and the rights and procedures under Chapter 58.
89		-	(d) The notice required by Subsection (b) must be in English
90		-	and Spanish and include the current contact information for a
91		-	victim assistance coordinator under Article 56A.201 and a crime
92		-	victim liaison under Article 56A.203. The notice is considered
93		-	sufficient if it includes the following statements:
94		-	"NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"
95		-	"It is a crime for any person to cause you any physical injury
96		-	or harm."
97		-	"Please tell the investigating peace officer if you have been
98		-	injured or if you feel you are going to be in danger when the officer
99		-	leaves or at a later time."
100		-	"You have the right to:
101		-	"(1) obtain a forensic medical examination within 120 hours
102		-	of the assault to collect potential evidence and receive
103		-	preventative medications, even if you decide not to make a report to
104		-	a law enforcement agency;
105		-	"(2) anonymously track or receive updates regarding the
106		-	status and location of each item of evidence collected in your case;
107		-	"(3) have a sexual assault program advocate present during a
108		-	forensic medical examination;
109		-	"(4) have a sexual assault program advocate or other
110		-	victim's representative present during an investigative interview
111		-	with law enforcement;
112		-	"(5) ask the local prosecutor to file a criminal complaint
113		-	against the person who assaulted you; and
114		-	"(6) if a defendant is arrested for a crime against you
115		-	involving certain sexual crimes, stalking, or trafficking:
116		-	"(A) request an order for emergency protection to be
117		-	issued by a magistrate; [and]
118		-	"(B) using procedures provided by Chapter 58, Code of
119		-	Criminal Procedure, request a pseudonym to be used instead of your
120		-	name in all public files and records concerning the offense; and
121		-	"(C) apply to a court for a permanent order to protect
122		-	you (you should consult a legal aid office, a prosecuting attorney,
123		-	or a private attorney)."
124		-	"For example, the court can enter an order that prohibits the
125		-	person who assaulted you from:
126		-	"(1) committing further acts of violence;
127		-	"(2) threatening, harassing, or contacting you or a member
128		-	of your family or household; and
129		-	"(3) going near your place of employment or near a child
130		-	care facility or school attended by you or a member of your family
131		-	or household."
132		-	"You cannot be charged a fee by a court in connection with
133		-	filing, serving, or entering a protective order."
134		-	"If you have questions about the status of your case or need
135		-	assistance, you may contact the crime victim liaison (insert name)
136		-	at our agency (law enforcement agency address and victim liaison
137		-	phone number)."
138		-	"If you would like to speak with someone in the prosecuting
139		-	attorney's office, you may reach their victim assistance
140		-	coordinator at (address and phone number)."
141		-	"Call the following sexual assault program or social service
142		-	organization if you need assistance or wish to speak with an
143		-	advocate:
144		-	"__________________________________________
145		-	"__________________________________________."
146		-	"You may receive a sexual assault forensic medical
147		-	examination at the following location(s):
148		-	"__________________________________________
149		-	"__________________________________________."
150		-	"To get help from the National Human Trafficking Hotline:
151		-	1-888-373-7888 or text HELP or INFO to BeFree (233733)."
152		-	SECTION 6. Article 58.102, Code of Criminal Procedure, is
	87	+	SECTION 5. Article 58.102, Code of Criminal Procedure, is
153	88		amended to read as follows:
154	89		Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
155	90		A victim may choose a pseudonym to be used instead of the victim's
156	91		name to designate the victim in all public files and records
157	92		concerning the offense, including police summary reports, press
158	93		releases, and records of judicial proceedings. A victim who elects
159	94		to use a pseudonym as provided by this subchapter must complete a
160	95		pseudonym form developed under Subsection (b) and return the form
161	96		to the law enforcement agency investigating the offense or to the
162	97		office of the attorney representing the state prosecuting the
163	98		offense.
164	99		(b) The Sexual Assault Prevention and Crisis Services
165	100		Program of the office of the attorney general shall develop and
166	101		distribute to all law enforcement agencies of the state and to each
167	102		office of the attorney representing the state a pseudonym form to
168	103		record the name, address, telephone number, and pseudonym of a
169	104		victim.
170		-	SECTION 7. Article 58.103, Code of Criminal Procedure, is
	105	+	SECTION 6. Article 58.103, Code of Criminal Procedure, is
171	106		amended to read as follows:
172	107		Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A
173	108		victim who completes a pseudonym form and returns the form to the
174	109		law enforcement agency investigating the offense or to the office
175	110		of the attorney representing the state prosecuting the offense may
176	111		not be required to disclose the victim's name, address, and
177	112		telephone number in connection with the investigation or
178	113		prosecution of the offense.
179	114		(b) A law enforcement agency or an office of the attorney
180	115		representing the state receiving a pseudonym form under Subsection
181	116		(a) shall send a copy of the form to each other agency or office
182	117		investigating or prosecuting the offense.
183	118		(c) A completed and returned pseudonym form is confidential
184	119		and may not be disclosed to any person other than a defendant in the
185	120		case or the defendant's attorney, except as provided by Subsection
186	121		(b) or by [on an] order of a court. The court finding required by
187	122		Article 58.104 is not required to disclose the confidential
188	123		pseudonym form to the defendant in the case or to the defendant's
189	124		attorney.
190	125		(d) A [(c) If a victim completes a pseudonym form and
191	126		returns the form to a law enforcement agency under Article
192	127		58.102(a), the] law enforcement agency receiving the form or a copy
193	128		of the form shall:
194	129		(1) remove the victim's name and substitute the
195	130		pseudonym for the name on all reports, files, and records in the
196	131		agency's possession; and
197	132		(2) [notify the attorney representing the state of the
198	133		pseudonym and that the victim has elected to be designated by the
199	134		pseudonym; and
200	135		[(3)] maintain the form in a manner that protects the
201	136		confidentiality of the information contained on the form.
202	137		(e) An office of the attorney representing the state
203	138		receiving the form or a copy of the form shall:
204	139		(1) remove the victim's name and substitute the
205	140		pseudonym for the name on all reports, files, and records in the
206	141		office's possession;
207	142		(2) maintain the form in a manner that protects the
208	143		confidentiality of the information contained on the form; and
209	144		(3) [(d) An attorney representing the state who
210	145		receives notice that a victim has elected to be designated by a
211	146		pseudonym shall] ensure that the victim is designated by the
212	147		pseudonym in all legal proceedings concerning the offense.
213		-	SECTION 8. Chapter 21, Government Code, is amended by
	148	+	SECTION 7. Chapter 21, Government Code, is amended by
214	149		adding Section 21.014 to read as follows:
215	150		Sec. 21.014. ELECTRONIC TRANSMISSION OF COURT PROCEEDINGS
216	151		IN CERTAIN CASES PROHIBITED. (a) This section applies to the
217	152		following:
218	153		(1) criminal or civil court proceedings relating to an
219	154		offense under:
220	155		(A) Section 21.02, 21.11, 21.15, 22.011, 22.012,
221	156		or 22.021, Penal Code;
222	157		(B) Section 20A.02(a)(3), (4), (7), or (8), Penal
223	158		Code; or
224	159		(C) Section 20A.03, Penal Code, if the offense is
225	160		based partly or wholly on conduct that constitutes an offense
226	161		described by Paragraph (B); and
227	162		(2) court proceedings relating to:
228	163		(A) a protective order under Chapter 7B, Code of
229	164		Criminal Procedure;
230	165		(B) a magistrate's order for emergency
231	166		protection issued under Article 17.292, Code of Criminal Procedure;
232	167		(C) a protective order issued under Section
233	168		6.504, Family Code; or
234	169		(D) a protective order issued under Chapter 85,
235	170		Family Code.
236	171		(b) A court may not allow the electronic transmission or
237	172		broadcasting of court proceedings described by Subsection (a) in
238	173		which evidence or testimony is offered that depicts or describes
239	174		acts of a sexual nature unless the court provides notice to and
240	175		receives express consent for the transmission or broadcasting from:
241	176		(1) the victim or the parent, conservator, or guardian
242	177		of the victim, as applicable;
243	178		(2) the attorney representing the state; and
244	179		(3) the defendant.
245		-	SECTION 9. Articles 38.435 and 38.451, Code of Criminal
	180	+	SECTION 8. Articles 38.435 and 38.451, Code of Criminal
246	181		Procedure, as amended by this Act, and Articles 39.152 and 39.153,
247	182		Code of Criminal Procedure, and Section 21.014, Government Code, as
248	183		added by this Act, apply only to a court hearing or proceeding that
249	184		commences on or after the effective date of this Act. A court
250	185		hearing or proceeding that commences before the effective date of
251	186		this Act is governed by the law in effect on the date the hearing or
252	187		proceeding commenced, and the former law is continued in effect for
253	188		that purpose.
254		-	SECTION 10. Article 56A.403, Code of Criminal Procedure, as
255		-	amended by this Act, applies only to a peace officer's
256		-	investigation or response that occurs on or after the effective
257		-	date of this Act. A peace officer's investigation or response that
258		-	occurs before the effective date of this Act is governed by the law
259		-	in effect on the date the investigation was conducted or the
260		-	response was made, and the former law is continued in effect for
261		-	that purpose.
262		-	SECTION 11. This Act takes effect September 1, 2025.
	189	+	SECTION 9. This Act takes effect September 1, 2025.
	190	+	* * * * *