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.
2-60 * * * * *