87R3362 AJZ-F

By: Reynolds H.B. No. 1091

A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of identifying information of certain crime victims.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 58, Code of Criminal Procedure, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF

CERTAIN CRIME VICTIMS

Art. 58.351. DEFINITIONS. In this chapter:

(1) "Child" means a person who is younger than 18 years of age.

(2) "Victim" means a person who was the subject of:

(A) an offense under Section 20A.02, 21.02, 21.11, 22.01, 22.011, 22.02, 22.021, 43.02(a), 43.05, or 43.25, Penal Code;

(B) an offense for which the court made an affirmative finding under Article 42.014; or

(C) 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) or (B).

Art. 58.352. CONFIDENTIALITY OF FILES AND RECORDS. (a) 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, date of birth, telephone number, and pseudonym of a victim.

(b) The law enforcement agency investigating the offense shall offer the victim a pseudonym to be used instead of the victim's name to designate the victim in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings. If the victim is a child, the agency shall offer the pseudonym to the victim's parent, conservator, or guardian on behalf of the victim, unless the victim's parent, conservator, or guardian is alleged to have committed the offense described by Article 58.351(2). A victim or a victim's parent, conservator, or guardian, as applicable, who elects to receive a pseudonym provided under this article must complete the pseudonym form developed by the office of the attorney general and return the form to the law enforcement agency investigating the offense.

(c) A victim or other authorized person as described by Subsection (b) 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, date of birth, and telephone number in connection with the investigation or prosecution of the offense.

(d) 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. The court finding required by Subsection (g) is not required to disclose the confidential pseudonym form to the defendant in the case or to the defendant's attorney.

(e) If a victim or other authorized person as described by Subsection (b) completes and returns a pseudonym form to a law enforcement agency under this article, the law enforcement agency receiving the form shall:

(1) remove the victim's name and substitute the pseudonym for the name on all reports, files, and records in the agency's possession;

(2) notify the attorney for the state that the victim or other authorized person has elected to receive a pseudonym under this article and provide that pseudonym to the attorney; and

(3) maintain the form in a manner that protects the confidentiality of the information contained on the form.

(f) An attorney for the state who receives notice that a victim or other authorized person has elected to receive a pseudonym under this article shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the offense.

(g) A court of competent jurisdiction may order the disclosure of a victim's name, address, date of birth, 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.

(h) 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, date of birth, telephone number, or other identifying information of a victim 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 subsection does not apply to the release or disclosure of a victim's identifying information by:

(1) the victim; or

(2) if the victim is a child, the victim's parent, conservator, or guardian, unless the victim's parent, conservator, or guardian is alleged to have committed the offense described by Article 58.351(2).

Art. 58.353. OFFENSE. (a) A public servant with access to the name, address, date of birth, or telephone number of a victim who has received a pseudonym under this chapter commits an offense if the public servant knowingly discloses the name, address, date of birth, 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.

(b) Unless the disclosure is required or permitted by other law, a public servant or other person commits an offense if the person:

(1) has access to or obtains the name, address, date of birth, or phone number of a victim; and

(2) knowingly discloses the name, address, date of birth, 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.

(c) It is an affirmative defense to prosecution under Subsection (b) that the actor is:

(1) the victim; or

(2) if the victim is a child, the victim's parent, conservator, or guardian, unless the victim's parent, conservator, or guardian is alleged to have committed the offense described by Article 58.351(2).

(d) An offense under this article is a Class C misdemeanor.

SECTION 2. Not later than October 1, 2021, 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, date of birth, telephone number, and pseudonym of a victim as required by Article 58.352, Code of Criminal Procedure, as added by this Act.

SECTION 3. This Act takes effect September 1, 2021.