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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of identifying information of |
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certain crime victims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 58, Code of Criminal Procedure, is |
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amended by adding Subchapter H to read as follows: |
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SUBCHAPTER H. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF |
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CERTAIN CRIME VICTIMS |
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Art. 58.351. DEFINITIONS. In this chapter: |
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(1) "Child" means a person who is younger than 18 years |
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of age. |
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(2) "Victim" means a person who was the subject of: |
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(A) an offense under Section 20A.02, 21.02, |
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21.11, 22.01, 22.011, 22.02, 22.021, 43.02(a), 43.05, or 43.25, |
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Penal Code; |
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(B) an offense for which the court made an |
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affirmative finding under Article 42.014; or |
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(C) an offense that is part of the same criminal |
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episode, as defined by Section 3.01, Penal Code, as an offense |
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described by Paragraph (A) or (B). |
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Art. 58.352. CONFIDENTIALITY OF FILES AND RECORDS. (a) The |
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office of the attorney general shall develop and distribute to all |
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law enforcement agencies of the state a pseudonym form to record the |
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name, address, date of birth, telephone number, and pseudonym of a |
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victim. |
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(b) The law enforcement agency investigating the offense |
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shall offer the victim a pseudonym to be used instead of the |
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victim's name to designate the victim in all public files and |
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records concerning the offense, including police summary reports, |
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press releases, and records of judicial proceedings. If the victim |
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is a child, the agency shall offer the pseudonym to the victim's |
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parent, conservator, or guardian on behalf of the victim, unless |
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the victim's parent, conservator, or guardian is alleged to have |
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committed the offense described by Article 58.351(2). A victim or a |
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victim's parent, conservator, or guardian, as applicable, who |
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elects to receive a pseudonym provided under this article must |
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complete the pseudonym form developed by the office of the attorney |
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general and return the form to the law enforcement agency |
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investigating the offense. |
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(c) A victim or other authorized person as described by |
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Subsection (b) who completes and returns a pseudonym form to the law |
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enforcement agency investigating the offense may not be required to |
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disclose the victim's name, address, date of birth, and telephone |
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number in connection with the investigation or prosecution of the |
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offense. |
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(d) A completed and returned pseudonym form is confidential |
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and may not be disclosed to any person other than a defendant in the |
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case or the defendant's attorney, except on an order of a court of |
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competent jurisdiction. The court finding required by Subsection |
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(g) is not required to disclose the confidential pseudonym form to |
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the defendant in the case or to the defendant's attorney. |
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(e) If a victim or other authorized person as described by |
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Subsection (b) completes and returns a pseudonym form to a law |
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enforcement agency under this article, the law enforcement agency |
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receiving the form shall: |
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(1) remove the victim's name and substitute the |
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pseudonym for the name on all reports, files, and records in the |
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agency's possession; |
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(2) notify the attorney for the state that the victim |
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or other authorized person has elected to receive a pseudonym under |
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this article and provide that pseudonym to the attorney; and |
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(3) maintain the form in a manner that protects the |
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confidentiality of the information contained on the form. |
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(f) An attorney for the state who receives notice that a |
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victim or other authorized person has elected to receive a |
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pseudonym under this article shall ensure that the victim is |
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designated by the pseudonym in all legal proceedings concerning the |
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offense. |
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(g) A court of competent jurisdiction may order the |
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disclosure of a victim's name, address, date of birth, and |
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telephone number only if the court finds that the information is |
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essential in the trial of the defendant for the offense or the |
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identity of the victim is in issue. |
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(h) Except as required or permitted by other law or by court |
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order, a public servant or other person who has access to or obtains |
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the name, address, date of birth, telephone number, or other |
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identifying information of a victim may not release or disclose the |
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identifying information to any person who is not assisting in the |
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investigation, prosecution, or defense of the case. This |
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subsection does not apply to the release or disclosure of a victim's |
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identifying information by: |
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(1) the victim; or |
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(2) if the victim is a child, the victim's parent, |
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conservator, or guardian, unless the victim's parent, conservator, |
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or guardian is alleged to have committed the offense described by |
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Article 58.351(2). |
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Art. 58.353. OFFENSE. (a) A public servant with access to |
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the name, address, date of birth, or telephone number of a victim |
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who has received a pseudonym under this chapter commits an offense |
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if the public servant knowingly discloses the name, address, date |
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of birth, or telephone number of the victim to any person who is not |
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assisting in the investigation or prosecution of the offense or to |
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any person other than the defendant, the defendant's attorney, or |
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the person specified in the order of a court of competent |
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jurisdiction. |
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(b) Unless the disclosure is required or permitted by other |
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law, a public servant or other person commits an offense if the |
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person: |
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(1) has access to or obtains the name, address, date of |
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birth, or phone number of a victim; and |
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(2) knowingly discloses the name, address, date of |
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birth, or telephone number of the victim to any person who is not |
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assisting in the investigation or prosecution of the offense or to |
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any person other than the defendant, the defendant's attorney, or a |
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person specified in an order of a court of competent jurisdiction. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (b) that the actor is: |
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(1) the victim; or |
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(2) if the victim is a child, the victim's parent, |
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conservator, or guardian, unless the victim's parent, conservator, |
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or guardian is alleged to have committed the offense described by |
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Article 58.351(2). |
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(d) An offense under this article is a Class C misdemeanor. |
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SECTION 2. Not later than October 1, 2021, the office of the |
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attorney general shall develop and distribute to all law |
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enforcement agencies of the state a pseudonym form to record the |
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name, address, date of birth, telephone number, and pseudonym of a |
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victim as required by Article 58.352, Code of Criminal Procedure, |
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as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |