1-1     By:  Barrientos                                        S.B. No. 814
 1-2           (In the Senate - Filed February 21, 2001; February 22, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 26, 2001, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; March 26, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the confidentiality of identifying information of
 1-9     juvenile sex offense victims; providing penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 57, Code of Criminal Procedure, is
1-12     amended to read as follows:
1-13           CHAPTER 57.  CONFIDENTIALITY OF IDENTIFYING INFORMATION
1-14                           OF SEX OFFENSE VICTIMS
1-15           Art. 57.01.  DEFINITIONS.  In this chapter:
1-16                 (1)  "Name" means the legal name of a person.
1-17                 (2)  "Pseudonym" means a set of initials or a
1-18     fictitious name chosen by or for a victim to designate the victim
1-19     in all public files and records concerning the offense, including
1-20     police summary reports, press releases, and records of judicial
1-21     proceedings.
1-22                 (3)  "Public servant" has the meaning assigned by
1-23     Subsection (a), Section 1.07, Penal Code.
1-24                 (4)  "Victim" means a person who was the subject of an
1-25     offense the commission of which leads to a reportable conviction or
1-26     adjudication under Chapter 62 [Article 6252-13c.1, Revised
1-27     Statutes].
1-28           Art. 57.02.  CONFIDENTIALITY OF FILES AND RECORDS.  (a)  The
1-29     Sexual Assault Prevention and Crisis Services Program established
1-30     under Chapter 420, Government Code, [of the Texas Department of
1-31     Health] shall develop and distribute to all law enforcement
1-32     agencies of the state a pseudonym form to record the name, address,
1-33     telephone number, and pseudonym of a victim.
1-34           (b)  A victim who is 17 years of age or older may choose a
1-35     pseudonym to be used instead of the victim's name to designate the
1-36     victim in all public files and records concerning the offense,
1-37     including police summary reports, press releases, and records of
1-38     judicial proceedings.  To elect to use a pseudonym as described by
1-39     this subsection, the [A] victim [who elects to use a pseudonym as
1-40     provided by this article] must complete a pseudonym form developed
1-41     under this article and return the form to the law enforcement
1-42     agency investigating the offense.
1-43           (c)  A victim who is younger than 17 years of age is not
1-44     required to make an election regarding the use of a pseudonym as
1-45     described by Subsection (b).  The law enforcement agency
1-46     investigating the offense shall choose for the victim an
1-47     appropriate pseudonym to be used as described by that subsection
1-48     and shall complete for the victim a pseudonym form developed under
1-49     this article.
1-50           (d)  A victim who completes and returns a pseudonym form to
1-51     the law enforcement agency investigating the offense, or a victim
1-52     for whom a pseudonym form is completed as required by Subsection
1-53     (c), may not be required to disclose the victim's name, address,
1-54     and telephone number in connection with the investigation or
1-55     prosecution of the offense.
1-56           (e) [(d)]  A [completed and returned] pseudonym form that is
1-57     completed and, for a victim who is 17 years of age or older,
1-58     returned is confidential and may not be disclosed to any person
1-59     other than a defendant in the case or the defendant's attorney,
1-60     except on an order of a court of competent jurisdiction.  The court
1-61     finding required by Subsection (h) [(g) of this article] is not
1-62     required to disclose the confidential pseudonym form to the
1-63     defendant in the case or to the defendant's attorney.
1-64           (f) [(e)]  If a victim completes and returns a pseudonym form
 2-1     to a law enforcement agency under this article, or if a law
 2-2     enforcement agency completes a pseudonym form for a victim as
 2-3     required by Subsection (c), the law enforcement agency [receiving
 2-4     the form] shall:
 2-5                 (1)  remove the victim's name and substitute the
 2-6     pseudonym for the name on all reports, files, and records in the
 2-7     agency's possession;
 2-8                 (2)  notify the attorney for the state of the pseudonym
 2-9     and that the victim has elected or is otherwise required to be
2-10     designated by the pseudonym; and
2-11                 (3)  maintain the form in a manner that protects the
2-12     confidentiality of the information contained on the form.
2-13           (g) [(f)]  An attorney for the state who receives notice that
2-14     a victim has elected or is otherwise required to be designated by a
2-15     pseudonym shall ensure that the victim is designated by the
2-16     pseudonym in all legal proceedings concerning the offense.
2-17           (h) [(g)]  A court of competent jurisdiction may order the
2-18     disclosure of a victim's name, address, and telephone number only
2-19     if the court finds that the information is essential in the trial
2-20     of the defendant for the offense or the identity of the victim is
2-21     in issue.
2-22           Art. 57.025.  PROHIBITION REGARDING IDENTIFYING INFORMATION
2-23     OF JUVENILE VICTIM.  Except as provided by other law, if a victim
2-24     is younger than 17 years of age, a person other than the victim or
2-25     the victim's parent, conservator, or guardian may not disclose the
2-26     name, address, or telephone number of the victim to any person who
2-27     is not assisting in the investigation or prosecution of the offense
2-28     or to any person other than the defendant, the defendant's
2-29     attorney, or the person specified in the order of a court of
2-30     competent jurisdiction.
2-31           Art. 57.03.  OFFENSE.  (a)  A public servant with access to
2-32     the name, address, or telephone number of a victim who has chosen
2-33     [to be designated by] a pseudonym or of a victim for whom a
2-34     pseudonym has been chosen under this chapter commits an offense if
2-35     the public servant intentionally or knowingly discloses the name,
2-36     address, or telephone number of the victim to any person who is not
2-37     assisting in the investigation or prosecution of the offense or to
2-38     any person other than the defendant, the defendant's attorney, or
2-39     the person specified in the order of a court of competent
2-40     jurisdiction.
2-41           (b)  An offense under this article is a Class C misdemeanor.
2-42           SECTION 2.  (a)  Except as provided by Subsection (b) of this
2-43     section, the change in law made by this Act in amending Chapter 57,
2-44     Code of Criminal Procedure, applies only to an offense committed
2-45     against a juvenile sex offense victim on or after the effective
2-46     date of this Act.  An offense committed against a juvenile sex
2-47     offense victim before the effective date of this Act is covered by
2-48     the law in effect when the offense was committed, and the former
2-49     law is continued in effect for that purpose.
2-50           (b)  The change in law made by this Act in amending Article
2-51     57.03, Code of Criminal Procedure, applies only to an offense
2-52     committed on or after the effective date of this Act.  An offense
2-53     committed before the effective date of this Act is covered by the
2-54     law in effect when the offense was committed, and the former law is
2-55     continued in effect for that purpose.
2-56           (c)  For purposes of this section, an offense was committed
2-57     before the effective date of this Act if any element of the offense
2-58     occurred before that date.
2-59           SECTION 3.  This Act takes effect September 1, 2001.
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