HBA-BSM C.S.S.B. 814 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 814 By: Barrientos Criminal Jurisprudence 5/10/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Juvenile victims of sexual offenses often face a traumatic time after the crime, and may not wish their identity to be released to the public. The victim may also not be aware of the possibility of arranging a pseudonym to be used in documents relating to the offense. Current law does not prohibit disclosure of the identity of a juvenile victim of a sex crime. A victim of a sex offense may request that a pseudonym be used in public documents relating to the offense, but current law requires the victim to initiate that process and to return the form requesting a pseudonym before a pseudonym is assigned. In some cases, the identity of the victim may have already been disclosed to the public. C.S.S.B. 814 prohibits the release of a juvenile victim's identity in any public documents. 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. ANALYSIS C.S.S.B. 814 amends the Code of Criminal Procedure to prohibit a public servant or other person other than the victim or the victim's parent, conservator, or guardian from disclosing the name, address, telephone number, or other identifying information of a victim of sexual assault who is younger than 17 years of age to any person who is not assisting in the investigation, prosecution, or defense of the case. The bill establishes that it is a Class C misdemeanor for a public servant to intentionally or knowingly disclose the name, address, and telephone number of a victim for whom a pseudonym has been chosen to anyone other than specified persons. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 814 differs from the original bill by removing the provisions that a victim of sexual assault who is 17 years of age or older who elects to use a pseudonym must complete a pseudonym form and return the form to the law enforcement agency investigating the offense, and that a victim who is younger than 17 years of age is not required to make an election regarding the use of a pseudonym. The substitute also removes the provision that required the law enforcement agency investigating the offense to choose for the victim an appropriate pseudonym and complete the pseudonym form for the victim.