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A BILL TO BE ENTITLED
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AN ACT
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relating to victims of sex offenses, sex-based human trafficking |
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offenses, or acts of a sexual nature and to the confidentiality of |
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or restrictions on the availability of certain property, material, |
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or information regarding those victims, offenses, or acts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.435, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC |
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MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER |
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SEX OFFENSE; PLACEMENT UNDER SEAL. (a) Evidence collected during a |
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forensic medical examination conducted under Subchapter G, Chapter |
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56A, may not be used to investigate or prosecute a misdemeanor |
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offense, or an offense under Subchapter D, Chapter 481, Health and |
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Safety Code, alleged to have been committed by the victim from whom |
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the evidence was collected. |
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(b) During the course of a criminal hearing or proceeding, |
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the court may not make available or allow to be made available for |
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copying or dissemination to the public any property or material |
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related to or derived from evidence described by Subsection (a), |
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including a visual image or a recording made as part of the |
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examination. |
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(c) The court shall place property or material described by |
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Subsection (a) under seal of the court on the conclusion of the |
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hearing or proceeding. |
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(d) A court that places under seal property or material |
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described by Subsection (a) may issue an order lifting the seal on a |
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finding that the order is in the best interest of the public. |
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SECTION 2. The heading to Article 38.451, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING |
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[OF CHILD]. |
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SECTION 3. Article 38.451(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) During the course of a criminal hearing or proceeding |
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concerning an offense under Section 21.15, Penal Code, [that was |
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committed against a child younger than 14 years of age,] the court |
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may [shall] not make available or allow to be made available for |
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[the] copying or dissemination to the public property or material |
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that constitutes or contains a visual image, as described by |
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Section 21.15(b), Penal Code, [of a child younger than 14 years of |
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age] and that was seized by law enforcement based on a reasonable |
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suspicion that an offense under that subsection has been committed. |
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SECTION 4. Chapter 39, Code of Criminal Procedure, is |
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amended by adding Articles 39.152 and 39.153 to read as follows: |
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Art. 39.152. DISCOVERY OF EVIDENCE DEPICTING INVASIVE |
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VISUAL RECORDING OF PERSON 14 YEARS OF AGE OR OLDER. (a) In the |
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manner provided by this article, a court shall allow discovery of |
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property or material that constitutes or contains a visual image, |
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as described by Section 21.15(b), Penal Code, of a child 14 years of |
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age or older and that was seized by law enforcement based on a |
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reasonable suspicion that an offense under that subsection has been |
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committed. |
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(b) The court shall enter a protective order that prohibits |
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copying or dissemination of property or material described by |
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Subsection (a) that is produced to the defendant or the defendant's |
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attorney under Article 39.14. |
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(c) Any property or material described by Subsection (a) |
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that is produced under Article 39.14 and not offered as and admitted |
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to evidence must either be returned to the state or destroyed at the |
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time of the final disposition of the case. |
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Art. 39.153. DISCOVERY OF PROPERTY OR MATERIAL FROM |
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FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT |
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OR OTHER SEX OFFENSE. (a) In the manner provided by this article, a |
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court shall allow discovery of property or material that |
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constitutes or contains a visual image or a recording that was made |
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as part of a forensic medical examination. |
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(b) The court shall enter a protective order that prohibits |
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copying or dissemination of property or material described by |
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Subsection (a) that is produced to the defendant or the defendant's |
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attorney under Article 39.14. |
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(c) Any property or material described by Subsection (a) |
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that is produced under Article 39.14 and not offered as and admitted |
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to evidence must either be returned to the state or destroyed at the |
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time of the final disposition of the case. |
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SECTION 5. Article 58.102, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a) |
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A victim may choose a pseudonym to be used instead of the victim's |
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name to designate the victim in all public files and records |
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concerning the offense, including police summary reports, press |
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releases, and records of judicial proceedings. A victim who elects |
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to use a pseudonym as provided by this subchapter must complete a |
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pseudonym form developed under Subsection (b) and return the form |
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to the law enforcement agency investigating the offense or to the |
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office of the attorney representing the state prosecuting the |
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offense. |
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(b) The Sexual Assault Prevention and Crisis Services |
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Program of the office of the attorney general shall develop and |
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distribute to all law enforcement agencies of the state and to each |
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office of the attorney representing the state a pseudonym form to |
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record the name, address, telephone number, and pseudonym of a |
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victim. |
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SECTION 6. Article 58.103, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A |
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victim who completes a pseudonym form and returns the form to the |
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law enforcement agency investigating the offense or to the office |
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of the attorney representing the state prosecuting the offense may |
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not be required to disclose the victim's name, address, and |
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telephone number in connection with the investigation or |
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prosecution of the offense. |
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(b) A law enforcement agency or an office of the attorney |
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representing the state receiving a pseudonym form under Subsection |
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(a) shall send a copy of the form to each other agency or office |
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investigating or prosecuting the offense. |
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(c) 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 as provided by Subsection |
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(b) or by [on an] order of a court. The court finding required by |
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Article 58.104 is not required to disclose the confidential |
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pseudonym form to the defendant in the case or to the defendant's |
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attorney. |
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(d) A [(c) If a victim completes a pseudonym form and |
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returns the form to a law enforcement agency under Article |
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58.102(a), the] law enforcement agency receiving the form or a copy |
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of 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; and |
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(2) [notify the attorney representing the state of the |
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pseudonym and that the victim has elected to be designated by the |
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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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(e) An office of the attorney representing the state |
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receiving the form or a copy of 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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office's possession; |
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(2) maintain the form in a manner that protects the |
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confidentiality of the information contained on the form; and |
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(3) [(d) An attorney representing the state who |
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receives notice that a victim has elected to be designated by a |
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pseudonym shall] ensure that the victim is designated by the |
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pseudonym in all legal proceedings concerning the offense. |
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SECTION 7. Chapter 21, Government Code, is amended by |
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adding Section 21.014 to read as follows: |
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Sec. 21.014. ELECTRONIC TRANSMISSION OF COURT PROCEEDINGS |
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IN CERTAIN CASES PROHIBITED. (a) This section applies to the |
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following: |
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(1) criminal or civil court proceedings relating to an |
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offense under: |
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(A) Section 21.02, 21.11, 21.15, 22.011, 22.012, |
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or 22.021, Penal Code; |
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(B) Section 20A.02(a)(3), (4), (7), or (8), Penal |
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Code; or |
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(C) Section 20A.03, Penal Code, if the offense is |
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based partly or wholly on conduct that constitutes an offense |
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described by Paragraph (B); and |
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(2) court proceedings relating to: |
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(A) a protective order under Chapter 7B, Code of |
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Criminal Procedure; |
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(B) a magistrate's order for emergency |
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protection issued under Article 17.292, Code of Criminal Procedure; |
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(C) a protective order issued under Section |
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6.504, Family Code; or |
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(D) a protective order issued under Chapter 85, |
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Family Code. |
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(b) A court may not allow the electronic transmission or |
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broadcasting of court proceedings described by Subsection (a) in |
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which evidence or testimony is offered that depicts or describes |
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acts of a sexual nature unless the court provides notice to and |
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receives express consent for the transmission or broadcasting from: |
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(1) the victim or the parent, conservator, or guardian |
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of the victim, as applicable; |
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(2) the attorney representing the state; and |
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(3) the defendant. |
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SECTION 8. Articles 38.435 and 38.451, Code of Criminal |
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Procedure, as amended by this Act, and Articles 39.152 and 39.153, |
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Code of Criminal Procedure, and Section 21.014, Government Code, as |
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added by this Act, apply only to a court hearing or proceeding that |
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commences on or after the effective date of this Act. A court |
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hearing or proceeding that commences before the effective date of |
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this Act is governed by the law in effect on the date the hearing or |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 9. This Act takes effect September 1, 2025. |
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* * * * * |