77R9539 JRD-D By Coleman H.B. No. 1380 Substitute the following for H.B. No. 1380: By Wolens C.S.H.B. No. 1380 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.