By:  Barrientos                                        S.B. No. 814
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the confidentiality of identifying information of
 1-3     juvenile sex offense victims; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 57, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           CHAPTER 57.  CONFIDENTIALITY OF IDENTIFYING INFORMATION
 1-8                           OF SEX OFFENSE VICTIMS
 1-9           Art. 57.01.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Name" means the legal name of a person.
1-11                 (2)  "Pseudonym" means a set of initials or a
1-12     fictitious name chosen by or for a victim to designate the victim
1-13     in all public files and records concerning the offense, including
1-14     police summary reports, press releases, and records of judicial
1-15     proceedings.
1-16                 (3)  "Public servant" has the meaning assigned by
1-17     Subsection (a), Section 1.07, Penal Code.
1-18                 (4)  "Victim" means a person who was the subject of an
1-19     offense the commission of which leads to a reportable conviction or
1-20     adjudication under Chapter 62 [Article 6252-13c.1, Revised
1-21     Statutes].
1-22           Art. 57.02.  CONFIDENTIALITY OF FILES AND RECORDS.  (a)  The
1-23     Sexual Assault Prevention and Crisis Services Program established
1-24     under Chapter 420, Government Code, [of the Texas Department of
1-25     Health] shall develop and distribute to all law enforcement
 2-1     agencies of the state a pseudonym form to record the name, address,
 2-2     telephone number, and pseudonym of a victim.
 2-3           (b)  A victim who is 17 years of age or older may choose a
 2-4     pseudonym to be used instead of the victim's name to designate the
 2-5     victim in all public files and records concerning the offense,
 2-6     including police summary reports, press releases, and records of
 2-7     judicial proceedings.  To elect to use a pseudonym as described by
 2-8     this subsection, the [A] victim [who elects to use a pseudonym as
 2-9     provided by this article] must complete a pseudonym form developed
2-10     under this article and return the form to the law enforcement
2-11     agency investigating the offense.
2-12           (c)  A victim who is younger than 17 years of age is not
2-13     required to make an election regarding the use of a pseudonym as
2-14     described by Subsection (b).  The law enforcement agency
2-15     investigating the offense shall choose for the victim an
2-16     appropriate pseudonym to be used as described by that subsection
2-17     and shall complete for the victim a pseudonym form developed under
2-18     this article.
2-19           (d)  A victim who completes and returns a pseudonym form to
2-20     the law enforcement agency investigating the offense, or a victim
2-21     for whom a pseudonym form is completed as required by Subsection
2-22     (c), may not be required to disclose the victim's name, address,
2-23     and telephone number in connection with the investigation or
2-24     prosecution of the offense.
2-25           (e) [(d)]  A [completed and returned] pseudonym form that is
2-26     completed and, for a victim who is 17 years of age or older,
 3-1     returned is confidential and may not be disclosed to any person
 3-2     other than a defendant in the case or the defendant's attorney,
 3-3     except on an order of a court of competent jurisdiction.  The court
 3-4     finding required by Subsection (h) [(g) of this article] is not
 3-5     required to disclose the confidential pseudonym form to the
 3-6     defendant in the case or to the defendant's attorney.
 3-7           (f) [(e)]  If a victim completes and returns a pseudonym form
 3-8     to a law enforcement agency under this article, or if a law
 3-9     enforcement agency completes a pseudonym form for a victim as
3-10     required by Subsection (c), the law enforcement agency [receiving
3-11     the form] shall:
3-12                 (1)  remove the victim's name and substitute the
3-13     pseudonym for the name on all reports, files, and records in the
3-14     agency's possession;
3-15                 (2)  notify the attorney for the state of the pseudonym
3-16     and that the victim has elected or is otherwise required to be
3-17     designated by the pseudonym; and
3-18                 (3)  maintain the form in a manner that protects the
3-19     confidentiality of the information contained on the form.
3-20           (g) [(f)]  An attorney for the state who receives notice that
3-21     a victim has elected or is otherwise required to be designated by a
3-22     pseudonym shall ensure that the victim is designated by the
3-23     pseudonym in all legal proceedings concerning the offense.
3-24           (h) [(g)]  A court of competent jurisdiction may order the
3-25     disclosure of a victim's name, address, and telephone number only
3-26     if the court finds that the information is essential in the trial
 4-1     of the defendant for the offense or the identity of the victim is
 4-2     in issue.
 4-3           Art. 57.025.  PROHIBITION REGARDING IDENTIFYING INFORMATION
 4-4     OF JUVENILE VICTIM.  Except as provided by other law, if a victim
 4-5     is younger than 17 years of age, a person other than the victim or
 4-6     the victim's parent, conservator, or guardian may not disclose the
 4-7     name, address, or telephone number of the victim to any person who
 4-8     is not assisting in the investigation or prosecution of the offense
 4-9     or to any person other than the defendant, the defendant's
4-10     attorney, or the person specified in the order of a court of
4-11     competent jurisdiction.
4-12           Art. 57.03.  OFFENSE.  (a)  A public servant with access to
4-13     the name, address, or telephone number of a victim who has chosen
4-14     [to be designated by] a pseudonym or of a victim for whom a
4-15     pseudonym has been chosen under this chapter commits an offense if
4-16     the public servant intentionally or knowingly discloses the name,
4-17     address, or telephone number of the victim to any person who is not
4-18     assisting in the investigation or prosecution of the offense or to
4-19     any person other than the defendant, the defendant's attorney, or
4-20     the person specified in the order of a court of competent
4-21     jurisdiction.
4-22           (b)  An offense under this article is a Class C misdemeanor.
4-23           SECTION 2.  (a)  Except as provided by Subsection (b) of this
4-24     section, the change in law made by this Act in amending Chapter 57,
4-25     Code of Criminal Procedure, applies only to an offense committed
4-26     against a juvenile sex offense victim on or after the effective
 5-1     date of this Act.  An offense committed against a juvenile sex
 5-2     offense victim before the effective date of this Act is covered by
 5-3     the law in effect when the offense was committed, and the former
 5-4     law is continued in effect for that purpose.
 5-5           (b)  The change in law made by this Act in amending Article
 5-6     57.03, Code of Criminal Procedure, applies only to an offense
 5-7     committed on or after the effective date of this Act.  An offense
 5-8     committed before the effective date of this Act is covered by the
 5-9     law in effect when the offense was committed, and the former law is
5-10     continued in effect for that purpose.
5-11           (c)  For purposes of this section, an offense was committed
5-12     before the effective date of this Act if any element of the offense
5-13     occurred before that date.
5-14           SECTION 3.  This Act takes effect September 1, 2001.