BILL ANALYSIS

C.S.H.B. 2355

By: Fairly

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, the Crime Victims' Compensation Program under the Office of the Attorney General (OAG) helps victims and their families by providing compensation for costs such as medical bills, counseling, lost wages, and more to aid in their recovery. The OAG determines the exact amount of compensation to provide by accessing law enforcement reports, witness statements, and criminal history records of those involved. However, the bill author has informed the committee that although these records are generally considered privileged and withheld from the public, the reports become subject to disclosure requirements under state public information law once the OAG pulls the report. C.S.H.B. 2355 seeks to address this issue and protect not only the privacy of victims, but their entire investigation and case, by exempting such information received by the OAG from disclosure under state public information law or other means of legal compulsion for release.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 2355 amends the Code of Criminal Procedure to exempt a report released to the attorney general by a law enforcement agency relating to a crime victim's compensation application for the purpose of the attorney general determining award qualifications from the following:

· disclosure under state public information law, except if the applicable compensation is awarded for a pecuniary loss or health care services; and

· disclosure, discovery, subpoena, or other means of legal compulsion for release, except as provided by the existing exceptions to the prohibition against the attorney general releasing or disclosing certain records under statutory provisions relating to crime victims' compensation.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2355 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and the substitute exempt information the attorney general receives from a law enforcement agency regarding reports relating to a crime victim's compensation application for the purpose of the attorney general determining award qualifications from disclosure under state public information law. However, the substitute provides for the exemption by including those reports in the provision establishing that any information, document, summary, or other record provided to or received, maintained, or created by the attorney general for purposes of crime victims' compensation is exempt from disclosure under state public information law and from disclosure, discovery, subpoena, or other means of legal compulsion for release, subject to certain exceptions.