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.