BILL ANALYSIS

H.B. 3005

By: Flores

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A victim in an invasive visual recording case that is pending in the Travis County District Attorney's (DA) Office requested a pseudonym. Her advocates began the pseudonym paperwork only to learn that she did not, in fact, qualify for one. This was surprising to victim advocates and prosecutors in the office, because victims of offenses that are similar in nature to invasive visual recording do qualify for a pseudonym under the existing law. Subsequent conversations with victim witness counselors at the DA's Office revealed that victims of indecent assault, a relatively new offense in the Penal Code, also often request a pseudonym, yet do not currently qualify for one. Pseudonyms are an important public safety tool because they help victims feel more comfortable reporting crime, cooperating with criminal investigations, and participating in criminal prosecutions. Access to a pseudonym is especially important in the investigation and prosecution of sex crimes where legitimate privacy interests may otherwise deter a victim from wanting to move forward with a case. H.B. 3005 seeks to address this issue by allowing victims of indecent assault and invasive visual recording to qualify for a pseudonym.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3005 amends the Code of Criminal Procedure to make provisions relating to the confidentiality of identifying information of certain crime victims apply to a victim of indecent assault or invasive visual recording.

EFFECTIVE DATE

September 1, 2023.