Bill Text: TX SB461 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the confidentiality of home address information for victims of child abduction and to the administration of the address confidentiality program by the office of the attorney general.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2023-02-17 - Referred to Criminal Justice [SB461 Detail]
Download: Texas-2023-SB461-Introduced.html
| 88R346 JCG-D | ||
| By: Parker, Campbell | S.B. No. 461 | |
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| relating to the confidentiality of home address information for | ||
| victims of child abduction and to the administration of the address | ||
| confidentiality program by the office of the attorney general. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 58.051, Code of Criminal Procedure, is | ||
| amended by adding Subdivision (1-a) to read as follows: | ||
| (1-a) "Child abduction" means any conduct that: | ||
| (A) constitutes an offense under Sections 20.02, | ||
| 20.03, 20.04, 25.03, and 25.031, Penal Code; and | ||
| (B) results in a person younger than 18 years of | ||
| age becoming a victim of the offense. | ||
| SECTION 2. Article 58.052(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, | ||
| child abduction, or trafficking of persons in maintaining a | ||
| confidential address. | ||
| SECTION 3. Article 58.054, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 58.054. ELIGIBILITY. To be eligible to participate in | ||
| the program: | ||
| (1) an applicant must satisfy any of the following: | ||
| (A) meet with a victim's assistance counselor | ||
| from a state or local agency or other for-profit or nonprofit entity | ||
| that is identified by the attorney general as an entity that | ||
| provides shelter or civil legal services or counseling to victims | ||
| of family violence, sexual assault or abuse, stalking, child | ||
| abduction, or trafficking of persons; | ||
| (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 Subchapter A or | ||
| B, Chapter 7B, 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, | ||
| child abduction, or trafficking of persons, as identified by the | ||
| rules adopted under Article 58.056, or of sexual assault or abuse or | ||
| stalking, as described by Section 92.0161, Property Code; and | ||
| (2) an applicant must satisfy all of the following: | ||
| (A) 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); | ||
| (B) file an affirmation that the applicant has | ||
| discussed safety planning with a victim's assistance counselor | ||
| described by Subdivision (1)(A); | ||
| (C) designate the attorney general as agent to | ||
| receive service of process and mail on behalf of the applicant; and | ||
| (D) 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, child abduction, or trafficking of persons. | ||
| SECTION 4. Article 58.055(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) An application under Article 58.054(2)(A) 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, child abduction, or trafficking | ||
| of persons; | ||
| (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. | ||
| SECTION 5. Article 58.056(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) The attorney general may establish procedures for | ||
| requiring an applicant, in appropriate circumstances, to submit | ||
| with the application under Article 58.054(2)(A) independent | ||
| documentary evidence of family violence, sexual assault or abuse, | ||
| stalking, child abduction, or trafficking of persons in the form | ||
| of: | ||
| (1) an active or recently issued order described by | ||
| Article 58.054(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 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, | ||
| child abduction, or trafficking of persons; | ||
| (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, child | ||
| abduction, or trafficking of persons; or | ||
| (5) any other independent documentary evidence | ||
| necessary to show the applicant's eligibility to participate in the | ||
| program. | ||
| SECTION 6. 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, 2023. | ||
