By Hirschi H.B. No. 1973
75R7868 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an address confidentiality program to
1-3 assist victims of violent crime in maintaining confidential
1-4 addresses; providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 56, Code of Criminal Procedure, is
1-7 amended by adding Subchapter C to read as follows:
1-8 SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR
1-9 VICTIMS OF VIOLENT CRIME
1-10 Art. 56.91. DEFINITIONS. In this subchapter:
1-11 (1) "Applicant" means an applicant for participation
1-12 in the program.
1-13 (2) "Participant" means an applicant who is accepted
1-14 for participation in the program.
1-15 (3) "Program" means the address confidentiality
1-16 program created under this subchapter.
1-17 (4) "Violent crime" means an offense under Title 5,
1-18 Penal Code.
1-19 Art. 56.92. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
1-20 secretary of state shall establish an address confidentiality
1-21 program, as provided by this subchapter, to assist a victim of a
1-22 violent crime in maintaining a confidential address.
1-23 (b) The secretary of state shall:
1-24 (1) designate a substitute address that a participant
2-1 may use in place of the participant's true residential, business,
2-2 or school address;
2-3 (2) act as agent to receive service of process and
2-4 mail on behalf of the participant; and
2-5 (3) forward to the participant mail received by the
2-6 secretary of state on behalf of the participant.
2-7 (c) The secretary of state may not disclose a participant's
2-8 true residential, business, or school address, except as provided
2-9 by Article 56.96.
2-10 Art. 56.93. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To
2-11 be eligible to participate in the program, an applicant must:
2-12 (1) file an application for participation with the
2-13 secretary of state or a state or local agency designated by the
2-14 secretary of state under Article 56.97;
2-15 (2) designate the secretary of state as agent to
2-16 receive service of process and mail on behalf of the applicant; and
2-17 (3) live at a residential address, or relocate to a
2-18 residential address, that is unknown to the person who committed or
2-19 is alleged to have committed the violent crime.
2-20 (b) An application under Subsection (a)(1) must contain:
2-21 (1) a signed, sworn statement by the applicant that:
2-22 (A) the applicant, the applicant's child, or
2-23 other person on whose behalf the application is made is a victim of
2-24 a violent crime; and
2-25 (B) the applicant fears for the safety of the
2-26 applicant, the applicant's child, or other person because of a
2-27 threat of immediate or future harm caused by the person who
3-1 committed or is alleged to have committed the violent crime; and
3-2 (2) the applicant's true residential address and, if
3-3 applicable, the applicant's business and school addresses.
3-4 (c) An applicant is not required to prove the commission of
3-5 a violent crime to be eligible for participation in the program.
3-6 It is sufficient that the applicant make a signed, sworn statement
3-7 as described by Subsection (b)(1).
3-8 (d) The secretary of state may by rule establish additional
3-9 eligibility requirements for participation in the program that are
3-10 consistent with the purpose of the program as stated in Article
3-11 56.92(a).
3-12 Art. 56.94. INELIGIBILITY AND CANCELLATION. An applicant is
3-13 ineligible for, and a participant may be excluded from,
3-14 participation in the program if the applicant or participant:
3-15 (1) knowingly makes a false statement on an
3-16 application filed under Article 56.93(a)(1); or
3-17 (2) intentionally files an application for the purpose
3-18 of delaying or avoiding apprehension by law enforcement or criminal
3-19 prosecution for violating a penal law of this state or of the
3-20 United States.
3-21 Art. 56.95. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
3-22 (a) Except as provided by Subsection (b), a state or local agency
3-23 must accept the substitute address designated by the secretary of
3-24 state if the substitute address is presented to the agency by a
3-25 participant in place of the participant's true residential,
3-26 business, or school address.
3-27 (b) The secretary of state may by rule permit an agency to
4-1 require a participant to provide the participant's true
4-2 residential, business, or school address if necessary for the
4-3 agency to perform a duty or function that is imposed by law.
4-4 Art. 56.96. EXCEPTIONS. Notwithstanding Article 56.92(c),
4-5 the secretary of state shall disclose a participant's true
4-6 residential, business, or school address if:
4-7 (1) requested by a law enforcement agency; or
4-8 (2) required by court order.
4-9 Art. 56.97. AGENCY ASSISTANCE. The secretary of state shall
4-10 identify state and local agencies that provide services to victims
4-11 of violent crimes and require the identified agencies to provide
4-12 access to the program, including making program information and
4-13 application materials available and providing assistance in
4-14 completing program applications.
4-15 Art. 56.98. RULES. The secretary of state shall adopt rules
4-16 to administer the program.
4-17 Art. 56.99. CRIMINAL PENALTY. (a) A person commits an
4-18 offense if the person engages in conduct described by Article
4-19 56.94.
4-20 (b) An offense under Subsection (a) is a Class C
4-21 misdemeanor.
4-22 SECTION 2. The secretary of state shall establish a program
4-23 and adopt rules to administer the program, as required by
4-24 Subchapter C, Chapter 56, Code of Criminal Procedure, as added by
4-25 this Act, not later than June 1, 1998.
4-26 SECTION 3. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended,
5-4 and that this Act take effect and be in force from and after its
5-5 passage, and it is so enacted.