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


Office of House Bill AnalysisC.S.S.B. 814
By: Barrientos
Criminal Jurisprudence
5/10/2001
Committee Report (Substituted)



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.  C.S.S.B. 814 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

C.S.S.B. 814 amends the Code of Criminal Procedure to prohibit a public
servant or other person other than the victim or the victim's parent,
conservator, or guardian from disclosing the name, address, telephone
number, or other identifying information of a victim of sexual assault who
is younger than 17 years of age to any person who is not assisting in the
investigation, prosecution, or defense of the case.  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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 814 differs from the original bill by removing the provisions 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, and that a victim who is
younger than 17 years of age is not required to make an election regarding
the use of a pseudonym.  The substitute also removes the provision that
required the law enforcement agency investigating the offense to choose for
the victim an appropriate pseudonym and complete the pseudonym form for the
victim.