By: Hupp (Senate Sponsor - Armbrister) H.B. No. 1027
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on Criminal
Justice; May 21, 2003, reported favorably by the following vote:
Yeas 7, Nays 0; May 21, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of crime victim information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.132, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsection (f) to read
as follows:
(a) Except as provided by Subsection (f), in [In] this
section, "crime victim" means a victim under Subchapter B, Chapter
56, Code of Criminal Procedure, who has filed an application for
compensation under that subchapter.
(d) If the crime victim elects not to allow public access to
the information, the information is excepted from the requirements
of Section 552.021. If the crime victim does not make an election
under Subsection (b) or (f) or elects to allow public access to the
information, the information is not excepted from the requirements
of Section 552.021 unless the information is made confidential or
excepted from those requirements by another law.
(f) An employee of a governmental body who is also a crime
victim under Subchapter B, Chapter 56, Code of Criminal Procedure,
regardless of whether the employee has filed an application for
compensation under that subchapter, may 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. An election under this subsection
must 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. If the employee fails to
make an election, the identifying information is excepted from
disclosure until the third anniversary of the date the crime was
committed. In case of disability, impairment, or other incapacity
of the employee, the election may be made by the guardian of the
employee or former employee.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.
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