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CODE OF CRIMINAL PROCEDURE CHAPTER 57.
CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX OFFENSE VICTIMS
Art. 57.01. Definitions
In this chapter:
(1) "Name" means the legal name of a person.
(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 Subsection (a),
Section 1.07, Penal Code.
(4) "Victim" means a person who was the subject of:
(A) an offense the commission of which leads to a reportable
conviction or adjudication under Chapter 62; 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).
Added by Acts 1987, 70th Leg., ch. 571, Sec. 1, eff. Sept. 1, 1987.
Subd. (4) amended by Acts 1997, 75th Leg., ch. 680, Sec. 1, eff.
Sept. 1, 1997; Subd. (4) amended by Acts 2003, 78th Leg., ch. 451,
Sec. 1, eff. Sept. 1, 2003; Subd. (4) amended by Acts 2003, 78th
Leg., ch. 1276, Sec. 5.0025, eff. Sept. 1, 2003.
Art. 57.02. Confidentiality of files and records
(a) The Sexual Assault Prevention and Crisis Services Program of
the Texas Department of Health 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) A victim may choose 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) of this
article 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 younger than 17 years of age 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
parent, conservator, or guardian is a defendant in the case.
Added by Acts 1987, 70th Leg., ch. 571, Sec. 1, eff. Sept. 1, 1987.
Subsec. (h) added by Acts 2001, 77th Leg., ch. 1337, Sec. 3, eff.
Sept. 1, 2001.
Art. 57.03. Offense
(a) A public servant with access to the name, address, or telephone
number of a victim 17 years of age or older who has chosen 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 telephone number
of a victim younger than 17 years of age; 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 actor
is a defendant in the case.
(d) An offense under this article is a Class C misdemeanor.
Added by Acts 1987, 70th Leg., ch. 571, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 1337, Sec. 4, eff. Sept. 1,
2001.
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