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.