Bill Text: TX HB2222 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the confidentiality of home address information of certain victims of family violence, sexual assault or abuse, stalking, or trafficking of persons.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2017-05-05 - Laid on the table subject to call [HB2222 Detail]

Download: Texas-2017-HB2222-Comm_Sub.html
  85R19931 MEW-D
 
  By: Hunter, Herrero, King of Parker H.B. No. 2222
 
  Substitute the following for H.B. No. 2222:
 
  By:  Moody C.S.H.B. No. 2222
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of home address information of
  certain victims of family violence, sexual assault or abuse,
  stalking, or trafficking of persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter C, Chapter 56, Code of
  Criminal Procedure, is amended to read as follows:
  SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF FAMILY
  VIOLENCE, SEXUAL ASSAULT OR ABUSE, [OR] STALKING, OR TRAFFICKING OF
  PERSONS
         SECTION 2.  Article 56.81, Code of Criminal Procedure, is
  amended by adding Subdivisions (3-a), (6-a), (6-b), and (6-c) and
  amending Subdivision (7) to read as follows:
               (3-a)  "Household" has the meaning assigned by Section
  71.005, Family Code.
               (6-a)  "Sexual abuse" means any conduct that
  constitutes an offense under Section 21.02, 21.11, or 25.02, Penal
  Code.
               (6-b)  "Sexual assault" means any conduct that
  constitutes an offense under Section 22.011 or 22.021, Penal Code.
               (6-c)  "Stalking" means any conduct that constitutes an
  offense under Section 42.072, Penal Code.
               (7)  "Trafficking of persons" means any conduct that
  constitutes an offense [that may be prosecuted] under Section
  20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal
  Code, and that results in a person:
                     (A)  engaging in forced labor or services; or
                     (B)  otherwise becoming a victim of the offense.
         SECTION 3.  Article 56.82(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, or
  trafficking of persons[, or an offense under Section 22.011,
  22.021, 25.02, or 42.072, Penal Code,] in maintaining a
  confidential address.
         SECTION 4.  Article 56.83, Code of Criminal Procedure, is
  amended by amending Subsections (a), (b), and (e) and adding
  Subsection (e-1) to read as follows:
         (a)  To be eligible to participate in the program, an
  applicant must:
               (1)  either:
                     (A)  meet with a victim's assistance counselor
  from a state or local agency or other entity, whether for-profit or
  nonprofit, that is identified by the attorney general as an entity
  that provides [counseling and] shelter or civil legal services or
  counseling to victims of family violence, sexual assault or abuse,
  stalking, or trafficking of persons[, or an offense under Section
  22.011, 22.021, 25.02, or 42.072, Penal Code];
                     (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 Chapter 7A or
  Article 6.09 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, as
  identified by the rules adopted under this section, or of sexual
  assault or abuse or stalking, as described by Section 92.0161,
  Property Code;
               (2)  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);
               (3)  file an affirmation that the applicant has
  discussed safety planning with a victim's assistance counselor
  described by Subdivision (1)(A);
               (4)  designate the attorney general as agent to receive
  service of process and mail on behalf of the applicant; and
               (5) [(4)]  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, or trafficking of persons[, or
  an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
  Code].
         (b)  An application under Subsection (a)(2) 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, or [the] trafficking of
  persons[, or an offense under Section 22.011, 22.021, 25.02, or
  42.072, Penal Code];
               (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.
         (e)  The attorney general by rule may establish additional
  eligibility requirements for participation in the program that are
  consistent with the purpose of the program as stated in Article
  56.82(a).
         (e-1)  The attorney general may establish procedures for
  requiring an applicant, in appropriate circumstances, to submit
  with the application under Subsection (a)(2) independent
  documentary evidence of family violence, sexual assault or abuse,
  stalking, or trafficking of persons[, or an offense under Section
  22.011, 22.021, 25.02, or 42.072, Penal Code,] in the form of:
               (1)  an active or recently issued [protective] order
  described by Subsection (a)(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 [applicant's] 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, or trafficking of persons[, or offense]; [or]
               (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, or trafficking
  of persons; or
               (5)  any other independent documentary evidence
  necessary to show the applicant's eligibility to participate in the
  program[, or offense].
         SECTION 5.  Article 56.90(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  The attorney general:
               (1)  shall disclose a participant's true residential,
  business, or school address if:
                     (A)  requested by:
                           (i)  a law enforcement agency for the
  purpose of conducting an investigation;
                           (ii)  the Department of Family and
  Protective Services for the purpose of conducting a child
  protective services investigation under Chapter 261, Family Code;
  or
                           (iii)  the Department of State Health
  Services or a local health authority for the purpose of making a
  notification described by Article 21.31 of this code, Section
  54.033, Family Code, or Section 81.051, Health and Safety Code; or
                     (B)  required by court order; and
               (2)  may disclose a participant's true residential,
  business, or school address if:
                     (A)  the participant consents to the disclosure;
  and
                     (B)  the disclosure is necessary to administer the
  program.
         SECTION 6.  Section 13.004(c), Election Code, is amended to
  read as follows:
         (c)  The following information furnished on a registration
  application is confidential and does not constitute public
  information for purposes of Chapter 552, Government Code:
               (1)  a social security number;
               (2)  a Texas driver's license number;
               (3)  a number of a personal identification card issued
  by the Department of Public Safety;
               (4)  an indication that an applicant is interested in
  working as an election judge; [or]
               (5)  the residence address of the applicant, if the
  applicant is a federal judge or state judge, as defined by Section
  13.0021, the spouse of a federal judge or state judge, or an
  individual to whom Section 552.1175, Government Code, applies and
  the applicant:
                     (A)  included an affidavit with the registration
  application describing the applicant's status under this
  subdivision, including an affidavit under Section 13.0021 if the
  applicant is a federal judge or state judge or the spouse of a
  federal judge or state judge;
                     (B)  provided the registrar with an affidavit
  describing the applicant's status under this subdivision,
  including an affidavit under Section 15.0215 if the applicant is a
  federal judge or state judge or the spouse of a federal judge or
  state judge; or
                     (C)  provided the registrar with a completed form
  approved by the secretary of state for the purpose of notifying the
  registrar of the applicant's status under this subdivision;
               (6)  the residence address of the applicant, if the
  applicant, the applicant's child, or another person in the
  applicant's household is a victim of family violence as defined by
  Section 71.004, Family Code, who provided the registrar with:
                     (A)  a copy of a protective order issued under
  Chapter 85, Family Code, or a magistrate's order for emergency
  protection issued under Article 17.292, Code of Criminal Procedure;
  or
                     (B)  other independent documentary evidence
  necessary to show that the applicant, the applicant's child, or
  another person in the applicant's household is a victim of family
  violence;
               (7)  the residence address of the applicant, if the
  applicant, the applicant's child, or another person in the
  applicant's household is a victim of sexual assault or abuse,
  stalking, or trafficking of persons who provided the registrar
  with:
                     (A)  a copy of a protective order issued under
  Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
  magistrate's order for emergency protection issued under Article
  17.292, Code of Criminal Procedure; or
                     (B)  other independent documentary evidence
  necessary to show that the applicant, the applicant's child, or
  another person in the applicant's household is a victim of sexual
  assault or abuse, stalking, or trafficking of persons; or
               (8)  the residence address of the applicant, if the
  applicant:
                     (A)  is a participant in the address
  confidentiality program administered by the attorney general under
  Subchapter C, Chapter 56, Code of Criminal Procedure; and
                     (B)  provided the registrar with proof of
  certification under Article 56.84, Code of Criminal Procedure.
         SECTION 7.  Section 25.025(a), Tax Code, is amended to read
  as follows:
         (a)  This section applies only to:
               (1)  a current or former peace officer as defined by
  Article 2.12, Code of Criminal Procedure;
               (2)  a county jailer as defined by Section 1701.001,
  Occupations Code;
               (3)  an employee of the Texas Department of Criminal
  Justice;
               (4)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code;
               (5)  an individual who shows that the individual, the
  individual's child, or another person in the individual's household
  is a victim of family violence as defined by Section 71.004, Family
  Code, by providing:
                     (A)  a copy of a protective order issued under
  Chapter 85, Family Code, or a magistrate's order for emergency
  protection issued under Article 17.292, Code of Criminal Procedure;
  or
                     (B)  other independent documentary evidence
  necessary to show that the individual, the individual's child, or
  another person in the individual's household is a victim of family
  violence [if as a result of the act of family violence against the
  victim, the actor is convicted of a felony or a Class A
  misdemeanor];
               (6)  an individual who shows that the individual, the
  individual's child, or another person in the individual's household
  is a victim of sexual assault or abuse, stalking, or trafficking of
  persons by providing:
                     (A)  a copy of a protective order issued under
  Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
  magistrate's order for emergency protection issued under Article
  17.292, Code of Criminal Procedure; or
                     (B)  other independent documentary evidence
  necessary to show that the individual, the individual's child, or
  another person in the individual's household is a victim of sexual
  assault or abuse, stalking, or trafficking of persons;
               (7)  a participant in the address confidentiality
  program administered by the attorney general under Subchapter C,
  Chapter 56, Code of Criminal Procedure, who provides proof of
  certification under Article 56.84, Code of Criminal Procedure;
               (8)  a federal judge, a state judge, or the spouse of a
  federal judge or state judge;
               (9) [(7)]  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters;
               (10) [(8)]  an officer or employee of a community
  supervision and corrections department established under Chapter
  76, Government Code, who performs a duty described by Section
  76.004(b) of that code;
               (11) [(9)]  a criminal investigator of the United
  States as described by Article 2.122(a), Code of Criminal
  Procedure;
               (12) [(10)]  a police officer or inspector of the
  United States Federal Protective Service;
               (13) [(11)]  a current or former United States attorney
  or assistant United States attorney and the spouse and child of the
  attorney;
               (14) [(12)]  a current or former employee of the office
  of the attorney general who is or was assigned to a division of that
  office the duties of which involve law enforcement;
               (15) [(13)]  a medical examiner or person who performs
  forensic analysis or testing who is employed by this state or one or
  more political subdivisions of this state;
               (16) [(14)]  a current or former member of the United
  States armed forces who has served in an area that the president of
  the United States by executive order designates for purposes of 26
  U.S.C. Section 112 as an area in which armed forces of the United
  States are or have engaged in combat;
               (17) [(15)]  a current or former employee of the Texas
  Juvenile Justice Department or of the predecessors in function of
  the department;
               (18) [(16)]  a current or former juvenile probation or
  supervision officer certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code; and
               (19) [(17)]  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code.
         SECTION 8.  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, 2017.
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