By Coleman                                            H.B. No. 1380
         77R9539 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to protecting, under the public information law, the
 1-3     identity of a victim of violence or threatened violence.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter C, Chapter 552, Government Code, is
 1-6     amended by adding Section 552.136 to read as follows:
 1-7           Sec. 552.136.  CONFIDENTIALITY OF CERTAIN CRIME VICTIM
 1-8     INFORMATION. (a)  Information held by a law enforcement agency or
 1-9     prosecutor is confidential as provided by this section if the
1-10     information reveals or tends to reveal the identity of a living
1-11     victim of:
1-12                 (1)  an offense under Title 5, Penal Code, Chapter 29,
1-13     Penal Code, or Section 42.072, Penal Code; or
1-14                 (2)  an offense that is preparatory to an offense
1-15     listed in Subdivision (1).
1-16           (b)  Information described by Subsection (a)  remains
1-17     confidential under this section only until the earliest of:
1-18                 (1)  the date on which the victim gives written
1-19     informed consent to the disclosure of the information;
1-20                 (2)  the date by which each person who committed the
1-21     offense has been apprehended and has been convicted, acquitted of,
1-22     or granted deferred adjudication for the offense; or
1-23                 (3)  the date on which the applicable statute of
1-24     limitations for the offense expires.
 2-1           (c)  This section does not prohibit a prosecutor or law
 2-2     enforcement agency from disclosing information described by
 2-3     Subsection (a) in a public court document or in connection with a
 2-4     public court proceeding, to another prosecutorial or law
 2-5     enforcement authority, or as required by applicable laws and rules
 2-6     of criminal procedure.  The disclosure of the information by  a
 2-7     prosecutor or law enforcement agency in a manner described by this
 2-8     subsection does not violate the laws of this state.
 2-9           SECTION 2. The heading to Section 552.132, Government Code,
2-10     is amended to read as follows:
2-11           Sec. 552.132.  EXCEPTION:  CERTAIN CRIME VICTIM INFORMATION
2-12     HELD BY ATTORNEY GENERAL.
2-13           SECTION 3. The changes in law made by this Act apply only in
2-14     connection with an offense committed on or after the effective date
2-15     of this Act.  For the purposes of this section, an offense is
2-16     committed on or after the effective date of this Act if each
2-17     element of the offense occurs on or after that date.
2-18           SECTION 4.  This Act takes effect immediately if it receives
2-19     a vote of two-thirds of all the members elected to each house, as
2-20     provided by Section 39, Article III, Texas Constitution.  If this
2-21     Act does not receive the vote necessary for immediate effect, this
2-22     Act takes effect September 1, 2001.