Bill Text: TX HB853 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the confidentiality of information identifying children who are victims of certain offenses; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-08 - Comm. report sent to Local & Consent Calendar [HB853 Detail]
Download: Texas-2015-HB853-Comm_Sub.html
84R18672 JRR-D | |||
By: Sanford | H.B. No. 853 | ||
Substitute the following for H.B. No. 853: | |||
By: Dutton | C.S.H.B. No. 853 |
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relating to the confidentiality of information identifying | ||
children who are victims of certain offenses; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 57A to read as follows: | ||
CHAPTER 57A. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF CHILD | ||
VICTIMS | ||
Art. 57A.01. DEFINITIONS. In this chapter: | ||
(1) "Child victim" means a person who while younger | ||
than 17 years of age was the subject of an offense or an attempted | ||
offense under the Penal Code. | ||
(2) "Name" means the legal name of a person. | ||
(3) "Pseudonym" means a set of initials or a | ||
fictitious name chosen by the parent or guardian of a child victim | ||
to designate the victim in all public files and records concerning | ||
the offense, including police summary reports, press releases, and | ||
records of judicial proceedings. | ||
(4) "Public servant" has the meaning assigned by | ||
Section 1.07(a), Penal Code. | ||
Art. 57A.02. CONFIDENTIALITY OF FILES AND RECORDS. (a) The | ||
office of the attorney general shall develop and distribute to all | ||
law enforcement agencies of the state a pseudonym form to record the | ||
name, address, telephone number, and pseudonym of a child victim. | ||
(b) A parent or guardian of a child victim may choose a | ||
pseudonym to be used instead of the victim's name to designate the | ||
victim in all public files and records concerning the offense, | ||
including police summary reports, press releases, and records of | ||
judicial proceedings. A parent or guardian who elects to use a | ||
pseudonym as provided by this article must complete a pseudonym | ||
form developed under this article and return the form to the law | ||
enforcement agency investigating the offense. | ||
(c) A parent or guardian of a child victim who completes and | ||
returns a pseudonym form to the law enforcement agency | ||
investigating the offense may not be required to disclose the | ||
victim's name, address, and telephone number in connection with the | ||
investigation or prosecution of the offense. | ||
(d) A completed and returned pseudonym form is confidential | ||
and may not be disclosed to any person other than a defendant in the | ||
case or the defendant's attorney, except on an order of a court of | ||
competent jurisdiction. The court finding required by Subsection | ||
(g) is not required to disclose the confidential pseudonym form to | ||
the defendant in the case or to the defendant's attorney. | ||
(e) If a parent or guardian of a child victim completes and | ||
returns a pseudonym form to a law enforcement agency under this | ||
article, the law enforcement agency receiving the form shall: | ||
(1) remove the victim's name and substitute the | ||
pseudonym for the name on all reports, files, and records in the | ||
agency's possession; | ||
(2) notify the attorney for the state of the pseudonym | ||
and that a parent or guardian of the victim has elected that the | ||
victim be designated by the pseudonym; and | ||
(3) maintain the form in a manner that protects the | ||
confidentiality of the information contained on the form. | ||
(f) An attorney for the state who receives notice that a | ||
parent or guardian of a child victim has elected that the victim be | ||
designated by a pseudonym shall ensure that the victim is | ||
designated by the pseudonym in all legal proceedings concerning the | ||
offense. | ||
(g) A court of competent jurisdiction may order the | ||
disclosure of a child victim's name, address, and telephone number | ||
only if the court finds that the information is essential in the | ||
trial of the defendant for the offense or the identity of the victim | ||
is in issue. | ||
(h) Except as required or permitted by other law or by court | ||
order, a public servant or other person who has access to or obtains | ||
the name, address, telephone number, or other identifying | ||
information of a child victim may not release or disclose the | ||
identifying information to any person who is not assisting in the | ||
investigation, prosecution, or defense of the case. This | ||
subsection does not apply to the release or disclosure of a child | ||
victim's identifying information by: | ||
(1) the victim; or | ||
(2) the parent or guardian of the victim. | ||
Art. 57A.03. OFFENSE. (a) Unless the disclosure is | ||
required or permitted by other law or by court order, a public | ||
servant or other person commits an offense if the person: | ||
(1) has access to or obtains the name, address, or | ||
telephone number of a child victim; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to any person who is not assisting in | ||
the investigation or prosecution of the offense or to any person | ||
other than the defendant, the defendant's attorney, or a person | ||
specified in an order of a court of competent jurisdiction. | ||
(b) It is an affirmative defense to prosecution under | ||
Subsection (a) that the actor is: | ||
(1) the child victim; or | ||
(2) the parent or guardian of the child victim. | ||
(c) An offense under this article is a Class C misdemeanor. | ||
SECTION 2. Section 51.17(h), Family Code, is amended to | ||
read as follows: | ||
(h) Articles 57.01, [ |
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Criminal Procedure, relating to the use of a pseudonym by a victim | ||
in a criminal case, apply in a proceeding held under this title. | ||
SECTION 3. Not later than October 1, 2015, the office of the | ||
attorney general shall develop and distribute to all law | ||
enforcement agencies of the state a pseudonym form to record the | ||
name, address, telephone number, and pseudonym of a child victim as | ||
required by Article 57A.02, Code of Criminal Procedure, as added by | ||
this Act. | ||
SECTION 4. This Act takes effect September 1, 2015. |