By Wise                                         H.B. No. 1654

      75R6102 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the confidentiality of  information identifying

 1-3     children who are victims of certain offenses; providing a penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Part I, Code of Criminal Procedure, is amended by

 1-6     adding Chapter 57A to read as follows:

 1-7                CHAPTER 57A.  CONFIDENTIALITY OF IDENTIFYING

 1-8                        INFORMATION OF CHILD VICTIMS

 1-9           Art. 57A.01.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Child victim" means an individual who while

1-11     younger than 16 years of age was the subject of an offense or an

1-12     attempted offense under Title 5, Penal Code.

1-13                 (2)  "Name" means the legal name of a person.

1-14                 (3)  "Pseudonym" means a set of initials or a

1-15     fictitious name chosen by the parent or guardian of a child victim

1-16     to designate the victim in all public files and records concerning

1-17     the offense, including police summary reports, press releases, and

1-18     records of judicial proceedings.

1-19                 (4)  "Public servant" has the meaning assigned by

1-20     Section 1.07(a), Penal Code.

1-21           Art. 57A.02.  CONFIDENTIALITY OF FILES AND RECORDS.  (a)  The

1-22     Department of Public Safety shall develop and distribute to all law

1-23     enforcement  agencies of the state a pseudonym form to record the

1-24     name, address, telephone number, and pseudonym of a child victim.

 2-1           (b)  A parent or guardian of a child victim may choose a

 2-2     pseudonym to be used instead of the victim's name to designate the

 2-3     victim in all public files and records concerning the offense,

 2-4     including police summary reports, press releases, and records of

 2-5     judicial proceedings.  A parent or guardian who elects to use a

 2-6     pseudonym as provided by this article must complete a pseudonym

 2-7     form developed under this article and return the form to the law

 2-8     enforcement agency investigating the offense.

 2-9           (c)  A parent or guardian of a child victim who completes and

2-10     returns a pseudonym form to the law enforcement agency

2-11     investigating the offense may not be required to disclose the

2-12     victim's name, address, and telephone number in connection with the

2-13     investigation or prosecution of the offense.

2-14           (d)  A completed and returned pseudonym form is confidential

2-15     and may not be disclosed to any person other than a defendant in

2-16     the case or the defendant's attorney, except on an order of a court

2-17     of competent jurisdiction.  The court finding required by

2-18     Subsection (g) of this article is not required to disclose the

2-19     confidential pseudonym form to the defendant in the case or to the

2-20     defendant's attorney.

2-21           (e)  If a parent or guardian of a child victim completes and

2-22     returns a pseudonym form to a law enforcement agency under this

2-23     article, the law enforcement agency receiving the form shall:

2-24                 (1)  remove the victim's name and substitute the

2-25     pseudonym for the name on all reports, files, and records in the

2-26     agency's possession;

2-27                 (2)  notify the attorney for the state of the pseudonym

 3-1     and that a parent or guardian of the victim has elected that the

 3-2     victim be designated by the pseudonym; and

 3-3                 (3)  maintain the form in a manner that protects the

 3-4     confidentiality of the information contained on the form.

 3-5           (f)  An attorney for the state who receives notice that a

 3-6     parent or guardian of a child victim has elected that the victim be

 3-7     designated by a pseudonym shall ensure that the victim is

 3-8     designated by the pseudonym in all legal proceedings concerning the

 3-9     offense.

3-10           (g)  A court of competent jurisdiction may order the

3-11     disclosure of a child victim's name, address, and telephone number

3-12     only if the court finds that the information is essential in the

3-13     trial of the defendant for the offense or the identity of the

3-14     victim is in issue.

3-15           Art. 57A.03.  OFFENSE.  (a)  A person with access to the

3-16     name, address, or telephone number of a child victim whose parent

3-17     or guardian has chosen that the victim be designated by a pseudonym

3-18     commits an offense if the person, knowing of the pseudonym

3-19     designation, knowingly discloses the name, address, or telephone

3-20     number of the victim to any person who is not assisting in the

3-21     investigation or prosecution of the offense or to any person other

3-22     than the defendant, the defendant's attorney, or the person

3-23     specified in the order of a court of competent jurisdiction.

3-24           (b)  An offense under this article is a Class C misdemeanor.

3-25           SECTION 2.  This Act takes effect September 1, 1997.  The

3-26     Department of Public Safety shall develop and distribute a

3-27     pseudonym form in accordance with this Act not later than December

 4-1     31, 1997.

 4-2           SECTION 3.  The importance of this legislation and the

 4-3     crowded condition of the calendars in both houses create an

 4-4     emergency and an imperative public necessity that the

 4-5     constitutional rule requiring bills to be read on three several

 4-6     days in each house be suspended, and this rule is hereby suspended.