HBA-ALS, MAJ H.B. 353 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 353
By: Wise
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Under current criminal justice procedures, the name, address, and telephone
number of a child victim is not confidential.  The purpose of this bill is
to protect the identity of children who are victims of certain offenses.
H.B. 353 allows the parent or guardian of a child victim to select a
confidential pseudonym that is used to refer to the child in all public
files, reports, and records concerning the offense.  H.B. 353 imposes a
penalty on a person who knowingly discloses the child's identity to an
unauthorized person.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Part I, Code of Criminal Procedure, by adding Chapter
57A, as follows: 

CHAPTER 57A.  CONFIDENTIALITY OF IDENTIFYING 
INFORMATION OF CHILD VICTIMS

Art. 57A.01.  DEFINITIONS.  Defines "child victim," "name," "pseudonym,"
and  "public servant." 

Art. 57A.02.  CONFIDENTIALITY OF FILES AND RECORDS.  (a)  Requires the
Department of Public Safety (department) to develop and distribute to all
law enforcement agencies of the state a pseudonym form to record
information of a child victim. 

(b)  Authorizes a parent or guardian of a child victim to choose a
pseudonym that can be used instead of the victim's name in all public files
and records concerning the offense. Provides that a parent or guardian who
elects to use a pseudonym must complete a pseudonym form developed under
this article and return it to the law enforcement agency investigating the
offense. 

(c)  Provides that a parent or guardian of a child victim who completes and
returns a pseudonym form to the law enforcement agency investigating the
offense is not required to disclose the victim's name, address, and
telephone number in connection with the investigation or prosecution of the
offense. 

(d)  Provides that a completed and returned pseudonym form is confidential
and prohibits its disclosure to any other person other than a defendant in
the case or the defendant's attorney, except on an order of a court of
jurisdiction.  Provides that the court finding required by Subsection (g)
is not required to disclose the confidential pseudonym form to the
defendant in the case or to the defendant's attorney. 

(e)  Requires a law enforcement agency, upon receipt of a completed
pseudonym form, to remove the victim's name and substitute the pseudonym on
all reports, files, and records in the agency's possession, notify the
attorney for the state of the pseudonym and  that the victim be designated
by the pseudonym, and maintain the form in a manner that protects the
confidentiality of the contained information. 

(f)  Requires an attorney for the state who receives notice that a parent
or guardian of a child victim has elected that the victim be designated by
a pseudonym to ensure that the victim is designated by the pseudonym in all
legal proceedings concerning the offense. 

(g)  Authorizes a court of jurisdiction to order the disclosure of a child
victim's name, address, and telephone number only if the court finds that
the information is essential in the trial of the defendant for the offense
or the identity of the victim is in issue. 

Art. 57A.03.  OFFENSE.  Provides that a person, knowing of a child victim's
pseudonym designation and with access to the name, address, or telephone
number of the child victim, commits an offense which is a class C
misdemeanor if the person knowingly discloses the name, address, or
telephone number of the victim to any person who is not assisting in the
investigation or prosecution of the offense, or to any person other than
the defendant, the defendant's attorney, or the person specified in the
order of a court of jurisdiction. 

SECTION 2.  Effective date:  September 1, 1999.  
           Requires the department to develop and distribute a pseudonym
form in accordance            with this Act no later than December 31,
1999. 

SECTION 3. Emergency clause.