BILL ANALYSIS
Senate Research Center H.B. 433
80R2747 HLT-D By: Madden (Seliger)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The legislature enacted Article 57 (Confidentiality of Identifying Information of Sex Offense Victims), Code of Criminal Procedure, which protects the identity of victims of sexual offenses. An unintended result of this provision is that the Office of the Inspector General is not permitted to identify the victims of sexual offenses that occur in the Texas Department of Criminal Justice (TDCJ), so that TDCJ can take appropriate actions with regard to those offenses.
H.B. 433 authorizes such disclosure and excepts such disclosure from the restrictions imposed under Article 57, Code of Criminal Procedure.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 57.02, Code of Criminal Procedure, by adding Subsection (i), to provide that this article (Confidentiality of Files and Records) does not prohibit the inspector general of the Texas Department of Criminal Justice (TDCJ) from disclosing a victim's identifying information to an employee of TDCJ if the victim is an inmate or state jail defendant confined in a facility operated by or under contract with TDCJ.
SECTION 2. Amends Article 57.03, Code of Criminal Procedure, by adding Subsection (c-1), to provide that it is an exception to the application of this article (Offense) that the person who discloses certain information of a victim is the inspector general of TDCJ; that the victim is an inmate or state jail defendant confined in a facility operated or under contract with TDCJ; and that the person to whom the disclosure is made is an employee of TDCJ.
SECTION 3. Makes application of Article 57.03(c-1), Code of Criminal Procedure, as added by this Act, prospective.
SECTION 4. Effective date: September 1, 2007.