Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature, to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts, and to the duties of peace officers regarding interactions with those victims.

89(R) HB 1686 - House Committee Report version - Bill Text

89R21652 AJZ-F

By: Hull, Cook, Slawson, Howard, Bowers

H.B. No. 1686

Substitute the following for H.B. No. 1686:

By: Money

C.S.H.B. No. 1686

A BILL TO BE ENTITLED

AN ACT

relating to victims of sex offenses, sex-based human trafficking

offenses, or acts of a sexual nature, to the confidentiality of or

restrictions on the availability of certain property, material, or

information regarding those victims, offenses, or acts, and to the

duties of peace officers regarding interactions with those victims.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 38.435, Code of Criminal Procedure, is

amended to read as follows:

Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC

MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT
OR OTHER

SEX OFFENSE; PLACEMENT UNDER SEAL
.
(a)
Evidence collected during a

forensic medical examination conducted under Subchapter G, Chapter

56A, may not be used to investigate or prosecute a misdemeanor

offense, or an offense under Subchapter D, Chapter 481, Health and

Safety Code, alleged to have been committed by the victim from whom

the evidence was collected.

(b)

During the course of a criminal hearing or proceeding,

the court may not make available or allow to be made available for

copying or dissemination to the public any property or material

related to or derived from evidence described by Subsection (a),

including a visual image or a recording made as part of the

examination.

(c)

The court shall place property or material described by

Subsection (a) under seal of the court on the conclusion of the

hearing or proceeding.

(d)

A court that places under seal property or material

described by Subsection (a) may issue an order lifting the seal on a

finding that the order is in the best interest of the public.

SECTION 2. The heading to Article 38.451, Code of Criminal

Procedure, is amended to read as follows:

Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING

[
OF CHILD
].

SECTION 3. Article 38.451(a), Code of Criminal Procedure,

is amended to read as follows:

(a) During the course of a criminal hearing or proceeding

concerning an offense under Section 21.15, Penal Code, [
that was

committed against a child younger than 14 years of age,
] the court

may
[
shall
] not make available or allow to be made available
for

[
the
] copying or dissemination to the public property or material

that constitutes or contains a visual image, as described by

Section 21.15(b), Penal Code, [
of a child younger than 14 years of

age
] and that was seized by law enforcement based on a reasonable

suspicion that an offense under that subsection has been committed.

SECTION 4. Chapter 39, Code of Criminal Procedure, is

amended by adding Articles 39.152 and 39.153 to read as follows:

Art.

39.152.

DISCOVERY OF EVIDENCE DEPICTING INVASIVE

VISUAL RECORDING OF PERSON 14 YEARS OF AGE OR OLDER. (a)

In the

manner provided by this article, a court shall allow discovery of

property or material that constitutes or contains a visual image,

as described by Section 21.15(b), Penal Code, of a person 14 years

of age or older and that was seized by law enforcement based on a

reasonable suspicion that an offense under that subsection has been

committed.

(b)

The court shall enter a protective order that prohibits

copying or dissemination of property or material described by

Subsection (a) that is produced to the defendant or the defendant's

attorney under Article 39.14.

(c)

Any property or material described by Subsection (a)

that is produced under Article 39.14 and not offered as and admitted

to evidence must either be returned to the state or destroyed at the

time of the final disposition of the case.

Art.

39.153.

DISCOVERY OF PROPERTY OR MATERIAL FROM

FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT

OR OTHER SEX OFFENSE. (a) In the manner provided by this article, a

court shall allow discovery of property or material that

constitutes or contains a visual image or a recording that was made

as part of a forensic medical examination.

(b)

The court shall enter a protective order that prohibits

copying or dissemination of property or material described by

Subsection (a) that is produced to the defendant or the defendant's

attorney under Article 39.14.

(c)

Any property or material described by Subsection (a)

that is produced under Article 39.14 and not offered as and admitted

to evidence must either be returned to the state or destroyed at the

time of the final disposition of the case.

SECTION 5. Articles 56A.403(a) and (d), Code of Criminal

Procedure, are amended to read as follows:

(a) A peace officer who investigates an incident involving

sexual assault or who responds to a disturbance call that may

involve sexual assault shall provide to the victim a written notice

containing information about the rights of crime victims under

Article 56A.052
and the rights and procedures under Chapter 58
.

(d) The notice required by Subsection (b) must be in English

and Spanish and include the current contact information for a

victim assistance coordinator under Article 56A.201 and a crime

victim liaison under Article 56A.203. The notice is considered

sufficient if it includes the following statements:

"NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"

"It is a crime for any person to cause you any physical injury

or harm."

"Please tell the investigating peace officer if you have been

injured or if you feel you are going to be in danger when the officer

leaves or at a later time."

"You have the right to:

"(1) obtain a forensic medical examination within 120 hours

of the assault to collect potential evidence and receive

preventative medications, even if you decide not to make a report to

a law enforcement agency;

"(2) anonymously track or receive updates regarding the

status and location of each item of evidence collected in your case;

"(3) have a sexual assault program advocate present during a

forensic medical examination;

"(4) have a sexual assault program advocate or other

victim's representative present during an investigative interview

with law enforcement;

"(5) ask the local prosecutor to file a criminal complaint

against the person who assaulted you; and

"(6) if a defendant is arrested for a crime against you

involving certain sexual crimes, stalking, or trafficking:

"(A) request an order for emergency protection to be

issued by a magistrate; [
and
]

"(B)
using procedures provided by Chapter 58, Code of

Criminal Procedure, request a pseudonym to be used instead of your

name in all public files and records concerning the offense; and

"(C)
apply to a court for a permanent order to protect

you (you should consult a legal aid office, a prosecuting attorney,

or a private attorney)."

"For example, the court can enter an order that prohibits the

person who assaulted you from:

"(1) committing further acts of violence;

"(2) threatening, harassing, or contacting you or a member

of your family or household; and

"(3) going near your place of employment or near a child

care facility or school attended by you or a member of your family

or household."

"You cannot be charged a fee by a court in connection with

filing, serving, or entering a protective order."

"If you have questions about the status of your case or need

assistance, you may contact the crime victim liaison (insert name)

at our agency (law enforcement agency address and victim liaison

phone number)."

"If you would like to speak with someone in the prosecuting

attorney's office, you may reach their victim assistance

coordinator at (address and phone number)."

"Call the following sexual assault program or social service

organization if you need assistance or wish to speak with an

advocate:

"__________________________________________

"__________________________________________."

"You may receive a sexual assault forensic medical

examination at the following location(s):

"__________________________________________

"__________________________________________."

"To get help from the National Human Trafficking Hotline:

1-888-373-7888 or text HELP or INFO to BeFree (233733)."

SECTION 6. Article 58.102, Code of Criminal Procedure, is

amended to read as follows:

Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)

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 subchapter must complete a

pseudonym form developed under Subsection (b) and return the form

to the law enforcement agency investigating the offense
or to the

office of the attorney representing the state prosecuting the

offense
.

(b) The Sexual Assault Prevention and Crisis Services

Program of the office of the attorney general shall develop and

distribute to all law enforcement agencies of the state
and to each

office of the attorney representing the state
a pseudonym form to

record the name, address, telephone number, and pseudonym of a

victim.

SECTION 7. Article 58.103, Code of Criminal Procedure, is

amended to read as follows:

Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A

victim who completes a pseudonym form and returns the form to the

law enforcement agency investigating the offense
or to the office

of the attorney representing the state prosecuting 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.

(b)
A law enforcement agency or an office of the attorney

representing the state receiving a pseudonym form under Subsection

(a) shall send a copy of the form to each other agency or office

investigating or prosecuting the offense.

(c)
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
as provided by Subsection

(b) or by
[
on an
] order of a court. The court finding required by

Article 58.104 is not required to disclose the confidential

pseudonym form to the defendant in the case or to the defendant's

attorney.

(d) A
[
(c)

If a victim completes a pseudonym form and

returns the form to a law enforcement agency under Article

58.102(a), the
] law enforcement agency receiving the form
or a copy

of 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;
and

(2) [
notify the attorney representing 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.

(e)

An office of the attorney representing the state

receiving the form or a copy of the form shall:

(1)

remove the victim's name and substitute the

pseudonym for the name on all reports, files, and records in the

office's possession;

(2)

maintain the form in a manner that protects the

confidentiality of the information contained on the form; and

(3)
[
(d)

An attorney representing 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.

SECTION 8. Chapter 21, Government Code, is amended by

adding Section 21.014 to read as follows:

Sec.

21.014.

ELECTRONIC TRANSMISSION OF COURT PROCEEDINGS

IN CERTAIN CASES PROHIBITED. (a) This section applies to the

following:

(1)

criminal or civil court proceedings relating to an

offense under:

(A)

Section 21.02, 21.11, 21.15, 22.011, 22.012,

or 22.021, Penal Code;

(B)

Section 20A.02(a)(3), (4), (7), or (8), Penal

Code; or

(C)

Section 20A.03, Penal Code, if the offense is

based partly or wholly on conduct that constitutes an offense

described by Paragraph (B); and

(2) court proceedings relating to:

(A)

a protective order under Chapter 7B, Code of

Criminal Procedure;

(B)

a magistrate's order for emergency

protection issued under Article 17.292, Code of Criminal Procedure;

(C)

a protective order issued under Section

6.504, Family Code; or

(D)

a protective order issued under Chapter 85,

Family Code.

(b)

A court may not allow the electronic transmission or

broadcasting of court proceedings described by Subsection (a) in

which evidence or testimony is offered that depicts or describes

acts of a sexual nature unless the court provides notice to and

receives express consent for the transmission or broadcasting from:

(1)

the victim or the parent, conservator, or guardian

of the victim, as applicable;

(2) the attorney representing the state; and

(3) the defendant.

SECTION 9. Articles 38.435 and 38.451, Code of Criminal

Procedure, as amended by this Act, and Articles 39.152 and 39.153,

Code of Criminal Procedure, and Section 21.014, Government Code, as

added by this Act, apply only to a court hearing or proceeding that

commences on or after the effective date of this Act. A court

hearing or proceeding that commences before the effective date of

this Act is governed by the law in effect on the date the hearing or

proceeding commenced, and the former law is continued in effect for

that purpose.

SECTION 10. Article 56A.403, Code of Criminal Procedure, as

amended by this Act, applies only to a peace officer's

investigation or response that occurs on or after the effective

date of this Act. A peace officer's investigation or response that

occurs before the effective date of this Act is governed by the law

in effect on the date the investigation was conducted or the

response was made, and the former law is continued in effect for

that purpose.

SECTION 11. This Act takes effect September 1, 2025.