By Wise H.B. No. 353
76R2274 PEP-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) is not required to disclose the confidential
2-19 pseudonym form to the defendant in the case or to the defendant's
2-20 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, 1999. 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, 1999.
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.