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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of information identifying |
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children who are victims of certain offenses; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 57A to read as follows: |
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CHAPTER 57A. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF CHILD |
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VICTIMS |
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Art. 57A.01. DEFINITIONS. In this chapter: |
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(1) "Child victim" means a person who while younger |
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than 17 years of age was the subject of an offense or an attempted |
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offense under the Penal Code. |
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(2) "Name" means the legal name of a person. |
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(3) "Pseudonym" means a set of initials or a |
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fictitious name chosen by the parent or guardian of a child victim |
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to designate the victim in all public files and records concerning |
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the offense, including police summary reports, press releases, and |
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records of judicial proceedings. |
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(4) "Public servant" has the meaning assigned by |
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Section 1.07(a), Penal Code. |
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Art. 57A.02. CONFIDENTIALITY OF FILES AND RECORDS. (a) The |
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office of the attorney general shall develop and distribute to all |
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law enforcement agencies of the state a pseudonym form to record the |
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name, address, telephone number, and pseudonym of a child victim. |
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(b) A parent or guardian of a child victim may choose a |
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pseudonym to be used instead of the victim's name to designate the |
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victim in all public files and records concerning the offense, |
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including police summary reports, press releases, and records of |
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judicial proceedings. A parent or guardian who elects to use a |
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pseudonym as provided by this article must complete a pseudonym |
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form developed under this article and return the form to the law |
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enforcement agency investigating the offense. |
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(c) A parent or guardian of a child victim who completes and |
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returns a pseudonym form to the law enforcement agency |
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investigating the offense may not be required to disclose the |
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victim's name, address, and telephone number in connection with the |
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investigation or prosecution of the offense. |
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(d) A completed and returned pseudonym form is confidential |
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and may not be disclosed to any person other than a defendant in the |
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case or the defendant's attorney, except on an order of a court of |
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competent jurisdiction. The court finding required by Subsection |
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(g) is not required to disclose the confidential pseudonym form to |
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the defendant in the case or to the defendant's attorney. |
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(e) If a parent or guardian of a child victim completes and |
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returns a pseudonym form to a law enforcement agency under this |
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article, the law enforcement agency receiving the form shall: |
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(1) remove the victim's name and substitute the |
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pseudonym for the name on all reports, files, and records in the |
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agency's possession; |
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(2) notify the attorney for the state of the pseudonym |
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and that a parent or guardian of the victim has elected that the |
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victim be designated by the pseudonym; and |
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(3) maintain the form in a manner that protects the |
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confidentiality of the information contained on the form. |
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(f) An attorney for the state who receives notice that a |
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parent or guardian of a child victim has elected that the victim be |
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designated by a pseudonym shall ensure that the victim is |
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designated by the pseudonym in all legal proceedings concerning the |
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offense. |
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(g) A court of competent jurisdiction may order the |
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disclosure of a child victim's name, address, and telephone number |
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only if the court finds that the information is essential in the |
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trial of the defendant for the offense or the identity of the victim |
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is in issue. |
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(h) Except as required or permitted by other law or by court |
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order, a public servant or other person who has access to or obtains |
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the name, address, telephone number, or other identifying |
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information of a child victim may not release or disclose the |
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identifying information to any person who is not assisting in the |
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investigation, prosecution, or defense of the case. This |
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subsection does not apply to the release or disclosure of a child |
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victim's identifying information by: |
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(1) the victim; or |
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(2) the parent or guardian of the victim. |
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Art. 57A.03. OFFENSE. (a) Unless the disclosure is |
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required or permitted by other law or by court order, a public |
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servant or other person commits an offense if the person: |
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(1) has access to or obtains the name, address, or |
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telephone number of a child victim; and |
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(2) knowingly discloses the name, address, or |
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telephone number of the victim to any person who is not assisting in |
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the investigation or prosecution of the offense or to any person |
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other than the defendant, the defendant's attorney, or a person |
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specified in an order of a court of competent jurisdiction. |
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(b) It is an affirmative defense to prosecution under |
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Subsection (a) that the actor is: |
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(1) the child victim; or |
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(2) the parent or guardian of the child victim. |
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(c) An offense under this article is a Class C misdemeanor. |
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SECTION 2. Section 51.17(h), Family Code, is amended to |
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read as follows: |
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(h) Articles 57.01, [and] 57.02, 57A.01, and 57A.02, Code of |
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Criminal Procedure, relating to the use of a pseudonym by a victim |
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in a criminal case, apply in a proceeding held under this title. |
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SECTION 3. Not later than October 1, 2015, the office of the |
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attorney general shall develop and distribute to all law |
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enforcement agencies of the state a pseudonym form to record the |
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name, address, telephone number, and pseudonym of a child victim as |
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required by Article 57A.02, Code of Criminal Procedure, as added by |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |