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.