HBA-BSM S.B. 814 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 814
By: Barrientos
Criminal Jurisprudence
4/24/2001
Engrossed



BACKGROUND AND PURPOSE 

Juvenile victims of sexual offenses often face a traumatic time after the
crime, and may not wish their identity to be released to the public.  The
victim may also not be aware of the possibility of arranging a pseudonym to
be used in documents relating to the offense.  Current law does not
prohibit disclosure of the identity of a juvenile victim of a sex crime.  A
victim of a sex offense may request that a pseudonym be used in public
documents relating to the offense, but current law requires the victim to
initiate that process and to return the form requesting a pseudonym before
a pseudonym is assigned.  In some cases, the identity of the victim may
have already been disclosed to the public.  Senate Bill 814 requires law
enforcement agencies to assign a pseudonym for a juvenile victim of a sex
offense and prohibits the release of a juvenile victim's identity in any
public documents. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 814 amends the Code of Criminal Procedure to provide that a
victim of sexual assault who is 17 years of age or older who elects to use
a pseudonym must complete a pseudonym form and return the form to the law
enforcement agency investigating the offense.  A victim who is younger than
17 years is not required to make an election regarding the use of a
pseudonym.  The bill requires the law enforcement agency investigating the
offense to choose for the victim an appropriate pseudonym and complete the
pseudonym form for the victim.  The bill prohibits a person other than the
victim or the victim's parent, conservator, or guardian from disclosing 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.  The bill
establishes that it is a Class C misdemeanor for a public servant to
intentionally or knowingly disclose the name, address, and telephone number
of a victim for whom a pseudonym has been chosen to anyone other than
specified persons. 

EFFECTIVE DATE

September 1, 2001.