By: Reynolds	H.B. No. 4323

	A BILL TO BE ENTITLED
	AN ACT
	relating to the confidentiality of identifying information of
	certain child victims.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 1, Code of Criminal Procedure, is amended
	by adding Chapter 57E to read as follows:
	CHAPTER 57E.
	CONFIDENTIALITY OF IDENTIFYING INFORMATION OF CERTAIN
	CHILD VICTIMS
	Art. 57E.01.  DEFINITIONS. In this chapter:
	(1)  "Child" means a person who is younger than 18 years
	of age.
	(2)  "Pseudonym" means a set of initials or a
	fictitious name chosen by a victim to designate the victim in all
	public files and records concerning the offense, including police
	summary reports, press releases, and records of judicial
	proceedings.
	(3)  "Public Servant" has the meaning assigned by
	Section 1.07(a), Penal Code.
	(4)  "Victim" means a child who was the subject of:
	(A)  an offense under Sections 20A.02(a)(5), (6),
	(7), or (8), 21.02, 21.11, 22.01, 22.011, 22.02, 22.021, 43.02(a),
	43.05(a)(2), 43.21, or 43.25, Penal Code; or
	(B)  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).
	Art. 57E.02.  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, 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.  A victim who
	elects to use a pseudonym as provided by this article must complete
	a pseudonym form developed under this article and return the form to
	the law enforcement agency investigating the offense.
	(c)  A victim 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, 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 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 of the pseudonym
	and that the victim has elected to be designated by the pseudonym;
	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 has elected to be designated by a pseudonym 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, 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, 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)  the victim's parent, conservator, or guardian,
	unless the victim's parent, conservator, or guardian allegedly
	committed the offense described by Article 57E.01(4).
	Art. 57E.03.  OFFENSE. (a)  A public servant with access to
	the name, address, or telephone number of a victim who has a
	pseudonym under this chapter commits an offense if the public
	servant knowingly discloses the name, address, 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, or
	phone number of a victim; and
	(2)  knowingly discloses the name, address, 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)  the victim's parent, conservator, or guardian,
	unless the victim's parent, conservator, or guardian allegedly
	committed the offense described by Article 57E.01(4).
	(d)  An offense under this article is a Class C misdemeanor.
	SECTION 2.  Not later than October 1, 2019, 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, telephone number, and pseudonym of a victim as
	required by Article 57E.02, Code of Criminal Procedure, as added by
	this Act.
	SECTION 3.  This Act takes effect September 1, 2019.