HB1686 - 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.

  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, [Text truncated for display. Full text available on Congress.gov.]