77R15696 KEL-D
By Barrientos S.B. No. 814
Substitute the following for S.B. No. 814:
By Hinojosa C.S.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. Article 57.02, Code of Criminal Procedure, is
1-6 amended by adding Subsection (h) to read as follows:
1-7 (h) Unless the release or disclosure is required under
1-8 Subsection (g) of this article, a public servant or other person
1-9 who has access to or obtains the name, address, telephone number,
1-10 or other identifying information of a victim younger than 17 years
1-11 of age may not release or disclose the identifying information to
1-12 any person who is not assisting in the investigation, prosecution,
1-13 or defense of the case. This subsection does not apply to the
1-14 release or disclosure of a victim's identifying information by:
1-15 (1) a victim; or
1-16 (2) the victim's parent, conservator, or guardian,
1-17 unless the parent, conservator, or guardian is a defendant in the
1-18 case.
1-19 SECTION 2. Article 57.03, Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 Art. 57.03. OFFENSE. (a) A public servant with access to
1-22 the name, address, or telephone number of a victim 17 years of age
1-23 or older who has chosen [to be designated by] a pseudonym under
1-24 this chapter commits an offense if the public servant
2-1 [intentionally or] knowingly discloses the name, address, or
2-2 telephone number of the victim to any person who is not assisting
2-3 in the investigation or prosecution of the offense or to any person
2-4 other than the defendant, the defendant's attorney, or the person
2-5 specified in the order of a court of competent jurisdiction.
2-6 (b) A public servant or other person commits an offense if
2-7 the person:
2-8 (1) has access to or obtains the name, address, or
2-9 telephone number of a victim younger than 17 years of age; and
2-10 (2) knowingly discloses the name, address, or
2-11 telephone number of the victim to any person who is not assisting
2-12 in the investigation or prosecution of the offense or to any person
2-13 other than the defendant, the defendant's attorney, or the person
2-14 specified in the order of a court of competent jurisdiction.
2-15 (c) It is an affirmative defense to prosecution under
2-16 Subsection (b) that the actor is:
2-17 (1) the victim; or
2-18 (2) the victim's parent, conservator, or guardian,
2-19 unless the actor is a defendant in the case.
2-20 (d) An offense under this article is a Class C misdemeanor.
2-21 SECTION 3. (a) Except as provided by Subsection (b) of this
2-22 section, the change in law made by this Act in adding Article
2-23 57.02(h), Code of Criminal Procedure, applies only to an offense
2-24 committed against a juvenile sex offense victim on or after the
2-25 effective date of this Act. An offense committed against a
2-26 juvenile sex offense victim before the effective date of this Act
2-27 is covered by the law in effect when the offense was committed, and
3-1 the former law is continued in effect for that purpose.
3-2 (b) The change in law made by this Act in amending Article
3-3 57.03, Code of Criminal Procedure, applies only to an offense
3-4 committed on or after the effective date of this Act. An offense
3-5 committed before the effective date of this Act is covered by the
3-6 law in effect when the offense was committed, and the former law is
3-7 continued in effect for that purpose.
3-8 (c) For purposes of this section, an offense was committed
3-9 before the effective date of this Act if any element of the offense
3-10 occurred before that date.
3-11 SECTION 4. This Act takes effect September 1, 2001.