BILL ANALYSIS
By: Raymond
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The Texas Health and Human Services Commission has found that 74% of all Texans have experienced some form of domestic violence. The Code of Criminal Procedure, Section 57.02 protects victims of sexual assault by giving them the option to choose a pseudonym. Law enforcement agencies are trained to carry pseudonym forms in case they are called to the scene of a sexual assault situation. If a victim chooses to complete a pseudonym form, law enforcement is prohibited to disclose a victim=s name in public files and records. It is vital that victims feel secure when reporting a family violence situation. This bill will allow the same protections for victims of domestic violence.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 172 adds Chapter 57B to the Code of Criminal Procedure in order to make identifying information of family violence victims confidential. The bill defines "name," "pseudonym," "public servant," and "victim" for purposes of this chapter. "Name" means the legal name of a person. "Pseudonym" means a set of initials or a fictitious name chosen by a victim to designate the victim in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings. "Public servant" has the meaning assigned by Subsection (a), Section 1.07, Penal Code. "Victim" means a person who is the subject of an offense that allegedly constitutes family violence, as defined by Section 71.004, Family Code, or an offense that is part of the same criminal episode, as defined by Section 3.01, Penal Code, as an offense described by Paragraph (A).
The bill provides that the office of the attorney general must develop and distribute to all state law enforcement agencies a pseudonym form to record the name, address, telephone number, and pseudonym of a victim. A victim is allowed to choose a pseudonym to be used instead of the their name to designate them in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings. A victim who elects to use a pseudonym must complete a pseudonym form and return the form to the law enforcement agency investigating the offense. A victim who completes and returns a pseudonym form to the law enforcement agency investigating the offense may not be required to disclose the victim's name, address, and telephone number in connection with the investigation or prosecution of the offense. A completed and returned pseudonym form is confidential and may not be disclosed to any person other than a defendant in the case or the defendant's attorney, except on an order of a court of competent jurisdiction. A court of competent jurisdiction is authorized to order the disclosure of a victim's name, address, and telephone number only if the court finds that the information is essential in the trial of the defendant for the offense or the identity of the victim is in issue. The court finding is not required to disclose the confidential pseudonym form to the defendant in the case or to the defendant's attorney. If a victim completes and returns a pseudonym form to a law enforcement agency, the law enforcement agency receiving the form must remove the victim's name and replace it with the pseudonym on all reports, files, and records in the agency's possession, notify the attorney for the state of the pseudonym and that the victim has elected to be designated by the pseudonym, and maintain the form in a manner that protects the confidentiality of the information contained on the form. A state attorney who receives notice that a victim has elected to be designated by a pseudonym is required to ensure that the victim is designated by the pseudonym in all legal proceedings concerning the offense.
Except as required or permitted by other law or by court order, a public servant or other person who has access to or obtains the name, address, telephone number, or other identifying information of a victim younger than 17 years of age may not release or disclose the identifying information to any person who is not assisting in the investigation, prosecution, or defense of the case. This does not apply to the release or disclosure of a victim's identifying information by the victim, or the victim's parent, conservator, or guardian, unless the victim's parent, conservator, or guardian allegedly committed the offense described by Article 57B.01(4), Code of Criminal Procedure.
The bill also provides that a public servant with access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym commits an offense if the public servant knowingly discloses the name, address, or telephone number of the victim to any person who is not assisting in the investigation or prosecution of the offense or to any person other than the defendant, the defendant's attorney, or the person specified in the order of a court of competent jurisdiction.
Unless the disclosure is required or permitted by other law, a public servant or other person commits an offense if the person has access to or obtains the name, address, or telephone number of a victim younger than 17 years of age, and knowingly discloses the name, address, or telephone number of the victim to any person who is not assisting in the investigation or prosecution of the offense or to any person other than the defendant, the defendant's attorney, or a person specified in an order of a court of competent jurisdiction. It is an affirmative defense to prosecution under Article 57B.03(b), Code of Criminal Procedure, that the actor is the victim, or the victim's parent, conservator, or guardian, unless the victim's parent, conservator, or guardian allegedly committed the offense described by Article 57B.01(4). An offense under Article 57B.03, Code of Criminal Procedure, is a Class C misdemeanor.
The bill further provides that Chapter 57B, Code of Criminal Procedure, does not require the Department of Family and Protective Services to use a pseudonym in a department report, file, or record relating to the abuse, neglect, or exploitation of a child or adult who may also be the subject of the offense described by Article 57B.01(4), Code of Criminal Procedure. To the extent permitted by law, the Department of Family and Protective Services and a department employee, as necessary in performing department duties, may disclose the name of a victim who elects to use a pseudonym.
Nothing in Chapter 57B, Code of Criminal Procedure, requires a political subdivision to use a pseudonym in a report, file, or record that is not intended for distribution to the public, or the subject of an open records request under Chapter 552, Government Code.
Not later than October 1, 2007, the office of the attorney general shall develop and distribute to all law enforcement agencies of the state a pseudonym form to record the name, address, telephone number, and pseudonym of a victim as required by Article 57B.02, Code of Criminal Procedure, as added by this Act.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute adds that Chapter 57B, Code of Criminal Procedure, does not require the Department of Family and Protective Services to use a pseudonym in a department report, file, or record relating to the abuse, neglect, or exploitation of a child or adult who may also be the subject of the offense described by Article 57B.01(4), Code of Criminal Procedure. To the extent permitted by law, the Department of Family and Protective Services and a department employee, as necessary in performing department duties, may disclose the name of a victim who elects to use a pseudonym. Nothing in Chapter 57B, Code of Criminal Procedure, requires a political subdivision to use a pseudonym in a report, file, or record that is not intended for distribution to the public, or the subject of an open records request under Chapter 552, Government Code.