SRC-TJG, TAG H.B. 1027 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1027
78R5672 TBy: Hupp (Armbrister)
Criminal Justice
5/18/2003
Engrossed


DIGEST AND PURPOSE 

In a case where there is no prevailing public interest in releasing
identifying information regarding a victim of a violent crime, workplace
privacy and security should prevail.  The National Center for Victims of
Crime has warned that media exposure can often make crime victims feel
further violated and disoriented.  H.B. 1027 protects the right to privacy
of public employees that have been victims of violent crime.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 552.132, Government Code, by amending
Subsections (a) and (d) and adding Subsection (f), as follows: 

 (a)  Establishes that Subsection (f) is an exception to the definition of
"crime victim." 

 (d)  Makes a conforming change. 

(f)  Authorizes an  employee of a governmental body who is also a crime
victim under Subchapter B, Chapter 56 (Crime Victims' Compensation), Code
of Criminal Procedure, regardless of whether the employee has filed an
application for compensation under that subchapter, to elect whether to
allow public access to information held by the attorney general's office
or other governmental body that would identify or tend to identify the
crime victim, including a photograph or other visual representation of the
victim. Requires an election under this subsection to be made in writing
on a form developed by the governmental body, be signed by the employee,
and be filed with the governmental body before the third anniversary of
the latest to occur of one of the following:  (1)  the date the crime was
committed; (2)  the date employment begins; or (3)  the date the
governmental body develops the form and provides it to employees.
Provides that the identifying information is excepted from disclosure
until the third anniversary of the date the crime was committed, if the
employee fails to make an election.  Authorizes the election, in case of
disability, impairment, or other incapacity of the employee, to be made by
the guardian of the employee or former employee.  

SECTION 2.  Effective date: upon passage or the 91st day after
adjournment.