S.B. No. 74

	AN ACT
	relating to the confidentiality of certain information regarding
	victims of family violence, sexual assault, or stalking, including
	the creation of an address confidentiality program; providing a
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 56, Code of Criminal Procedure, is
	amended by adding Subchapter C to read as follows:
	SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF
	FAMILY VIOLENCE, SEXUAL ASSAULT, OR STALKING
	Art. 56.81.  DEFINITIONS. In this subchapter:
	(1)  "Applicant" means a person who applies to
	participate in the program.
	(2)  "Family violence" has the meaning assigned by
	Section 71.004, Family Code.
	(3)  "Family violence shelter center" has the meaning
	assigned by Section 51.002, Human Resources Code.
	(4)  "Mail" means first class mail and any mail sent by
	a government agency. The term does not include a package,
	regardless of size or type of mailing.
	(5)  "Participant" means an applicant who is certified
	for participation in the program.
	(6)  "Program" means the address confidentiality
	program created under this subchapter.
	Art. 56.82.  ADDRESS CONFIDENTIALITY PROGRAM. (a)  The
	attorney general shall establish an address confidentiality
	program, as provided by this subchapter, to assist a victim of
	family violence or an offense under Section 22.011, 22.021, 25.02,
	or 42.072, Penal Code, in maintaining a confidential address.
	(b)  The attorney general shall:
	(1)  designate a substitute post office box address
	that a participant may use in place of the participant's true
	residential, business, or school address;
	(2)  act as agent to receive service of process and mail
	on behalf of the participant; and
	(3)  forward to the participant mail received by the
	office of the attorney general on behalf of the participant.
	(c)  A summons, writ, notice, demand, or process may be
	served on the attorney general on behalf of the participant by
	delivery of two copies of the document to the office of the attorney
	general. The attorney general shall retain a copy of the summons,
	writ, notice, demand, or process and forward the original to the
	participant not later than the third day after the date of service
	on the attorney general.
	(d)  The attorney general shall make and retain a copy of the
	envelope in which certified mail is received on behalf of the
	participant.
	Art. 56.83.  ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a)  To
	be eligible to participate in the program, an applicant must:
	(1)  meet with a victim's assistance counselor from a
	state or local agency or other entity, whether for-profit or
	nonprofit that is identified by the attorney general as an entity
	that provides counseling and shelter services to victims of family
	violence;
	(2)  file an application for participation with the
	attorney general or a state or local agency or other entity
	identified by the attorney general under Subdivision (1);
	(3)  designate the attorney general as agent to receive
	service of process and mail on behalf of the applicant; and
	(4)  live at a residential address, or relocate to a
	residential address, that is unknown to the person who committed or
	is alleged to have committed the family violence or an offense under
	Section 22.011, 22.021, 25.02, or 42.072, Penal Code.
	(b)  An application under Subsection (a)(2) must contain:
	(1)  a signed, sworn statement by the applicant stating
	that the applicant fears for the safety of the applicant, the
	applicant's child, or another person in the applicant's household
	because of a threat of immediate or future harm caused by the person
	who committed or is alleged to have committed the family violence or
	an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
	Code;
	(2)  the applicant's true residential address and, if
	applicable, the applicant's business and school addresses; and
	(3)  a statement by the applicant of whether there is an
	existing court order or a pending court case for child support or
	child custody or visitation that involves the applicant and, if so,
	the name and address of:
	(A)  the legal counsel of record; and
	(B)  each parent involved in the court order or
	pending case.
	(c)  An application under Subsection (a)(2) must be
	completed by the applicant in person at the state or local agency or
	other entity with which the application is filed.  An applicant who
	knowingly or intentionally makes a false statement in an
	application under Subsection (a)(2) is subject to prosecution under
	Chapter 37, Penal Code.
	(d)  A state or local agency or other entity with which an
	application is filed under Subsection (a)(2) shall forward the
	application to the office of the attorney general.
	(e)  The attorney general by rule may establish additional
	eligibility requirements for participation in the program that are
	consistent with the purpose of the program as stated in Article
	56.82(a).  The attorney general may establish procedures for
	requiring an applicant, in appropriate circumstances, to submit
	with the application under Subsection (a)(2) independent
	documentary evidence of family violence or an offense under Section
	22.011, 22.021, 25.02, or 42.072, Penal Code, in the form of:
	(1)  an active or recently issued protective order;
	(2)  an incident report or other record maintained by a
	law enforcement agency or official;
	(3)  a statement of a physician or other health care
	provider regarding the applicant's medical condition as a result of
	the family violence or offense; or
	(4)  a statement of a mental health professional, a
	member of the clergy, an attorney or other legal advocate, a trained
	staff member of a family violence center, or another professional
	who has assisted the applicant in addressing the effects of the
	family violence or offense.
	(f)  Any assistance or counseling provided by the attorney
	general or an employee or agent of the attorney general to an
	applicant does not constitute legal advice.
	Art. 56.84.  CERTIFICATION; EXPIRATION. (a)  The attorney
	general shall certify for participation in the program an applicant
	who satisfies the eligibility requirements under Article 56.83.
	(b)  A certification under this article expires on the third
	anniversary of the date of certification.
	Art. 56.85.  RENEWAL. To renew a certification under
	Article 56.84, a participant must satisfy the eligibility
	requirements under Article 56.83 as if the participant were
	originally applying for participation in the program.
	Art. 56.86.  INELIGIBILITY AND CANCELLATION. (a)  An
	applicant is ineligible for, and a participant may be excluded
	from, participation in the program if the applicant or participant
	knowingly makes a false statement on an application filed under
	Article 56.83(a)(2).
	(b)  A participant may be excluded from participation in the
	program if:
	(1)  mail forwarded to the participant by the attorney
	general is returned undeliverable on at least four occasions;
	(2)  the participant changes the participant's true
	residential address as provided in the application filed under
	Article 56.83(a)(2) and does not notify the attorney general of the
	change at least 10 days before the date of the change; or
	(3)  the participant changes the participant's name.
	Art. 56.87.  WITHDRAWAL. A participant may withdraw from
	the program by notifying the attorney general in writing of the
	withdrawal.
	Art. 56.88.  CONFIDENTIALITY; DESTRUCTION OF INFORMATION.
	(a)  Information relating to a participant:
	(1)  is confidential, except as provided by Article
	56.90; and
	(2)  may not be disclosed under Chapter 552, Government
	Code.
	(b)  Except as provided by Article 56.82(d), the attorney
	general may not make a copy of any mail received by the office of the
	attorney general on behalf of the participant.
	(c)  The attorney general shall destroy all information
	relating to a participant on the third anniversary of the date
	participation in the program ends.
	Art. 56.89.  ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
	(a)  Except as provided by Subsection (b), a state or local agency
	must accept the substitute post office box address designated by
	the attorney general if the substitute address is presented to the
	agency by a participant in place of the participant's true
	residential, business, or school address.
	(b)  The attorney general by rule may permit an agency to
	require a participant to provide the participant's true
	residential, business, or school address, if necessary for the
	agency to perform a duty or function that is imposed by law or
	administrative requirement.
	Art. 56.90.  EXCEPTIONS.  (a)  The attorney general:
	(1)  shall disclose a participant's true residential,
	business, or school address if:
	(A)  requested by:
	(i)  a law enforcement agency;
	(ii)  the Department of Family and
	Protective Services for the purpose of conducting a child
	protective services investigation under Chapter 261, Family Code;
	or
	(iii)  the Department of State Health
	Services or a local health authority for the purpose of making a
	notification described by Article 21.31, Section 54.033, Family
	Code, or Section 81.051, Health and Safety Code; or
	(B)  required by court order; and
	(2)  may disclose a participant's true residential,
	business, or school address if:
	(A)  the participant consents to the disclosure;
	and
	(B)  the disclosure is necessary to administer the
	program.
	(b)  A person to whom a participant's true residential,
	business, or school address is disclosed under this section shall
	maintain the requested information in a manner that protects the
	confidentiality of the participant's true residential, business,
	or school address.
	Art. 56.91.  LIABILITY. (a)  The attorney general or an
	agent or employee of the attorney general is immune from liability
	for any act or omission by the agent or employee in administering
	the program if the agent or employee was acting in good faith and in
	the course and scope of assigned responsibilities and duties.
	(b)  An agent or employee of the attorney general who does
	not act in good faith and in the course and scope of assigned
	responsibilities and duties in disclosing a participant's true
	residential, business, or school address is subject to prosecution
	under Chapter 39, Penal Code.
	Art. 56.92.  PROGRAM INFORMATION AND APPLICATION MATERIALS.
	The attorney general shall make program information and application
	materials available online.
	Art. 56.93.  RULES. The attorney general shall adopt rules
	to administer the program.
	SECTION 2.  Article 56.54, Code of Criminal Procedure, is
	amended by amending Subsection (c) and adding Subsection (l) to
	read as follows:
	(c)  Except as provided by Subsections (h), [and] (i), and
	(l), the compensation to victims of crime auxiliary fund may be used
	by the attorney general only for the payment of compensation to
	claimants or victims under this subchapter.
	(l)  The attorney general may use the compensation to victims
	of crime auxiliary fund to cover costs incurred by the attorney
	general in administering the address confidentiality program
	established under Subchapter C.
	SECTION 3.  Title 1, Code of Criminal Procedure, is amended
	by adding Chapter 57B to read as follows:
	CHAPTER 57B. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF FAMILY
	VIOLENCE VICTIMS
	Art. 57B.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 is the subject of:
	(A)  an offense that allegedly constitutes family
	violence, as defined by Section 71.004, Family Code; 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).
	Art. 57B.02.  CONFIDENTIALITY OF FILES AND RECORDS.
	(a)  The office of the attorney general 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) 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 victim's parent, conservator, or guardian allegedly
	committed the offense described by Article 57B.01(4).
	Art. 57B.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 victim's parent, conservator, or guardian allegedly
	committed the offense described by Article 57B.01(4).
	(d)  An offense under this article is a Class C misdemeanor.
	Art. 57B.04.  APPLICABILITY OF CHAPTER TO DEPARTMENT OF
	FAMILY AND PROTECTIVE SERVICES.  Nothing in this chapter requires
	the Department of Family and Protective Services to use a pseudonym
	in a department report, file, or record relating to the abuse,
	neglect, or exploitation of a child or adult who may also be the
	subject of an offense described by Article 57B.01(4). To the extent
	permitted by law, the Department of Family and Protective Services
	and a department employee, as necessary in performing department
	duties, may disclose the name of a victim who elects to use a
	pseudonym under this chapter.
	Art. 57B.05.  APPLICABILITY OF CHAPTER TO POLITICAL
	SUBDIVISIONS. Nothing in this chapter requires a political
	subdivision to use a pseudonym in a report, file, or record that is
	not:
	(1)  intended for distribution to the public; or
	(2)  the subject of an open records request under
	Chapter 552, Government Code.
	SECTION 4.  Section 13.002, Election Code, is amended by
	amending Subsection (a) and adding Subsection (e) to read as
	follows:
	(a)  A person desiring to register to vote must submit an
	application to the registrar of the county in which the person
	resides. Except as provided by Subsection (e), an [An] application
	must be submitted by personal delivery or by mail.
	(e)  A person who is certified for participation in the
	address confidentiality program administered by the attorney
	general under Subchapter C, Chapter 56, Code of Criminal Procedure,
	is not eligible for early voting by mail under Section 82.007 unless
	the person submits an application under this section by personal
	delivery. The secretary of state may adopt rules to implement this
	subsection.
	SECTION 5.  Subsection (a), Section 18.005, Election Code,
	is amended to read as follows:
	(a)  Each original and supplemental list of registered
	voters must:
	(1)  contain the voter's name, residence address or
	substitute post office box address, if required by Section 18.0051,
	date of birth, and registration number as provided by the statewide
	computerized voter registration list;
	(2)  be arranged alphabetically by voter name; and
	(3)  contain the notation required by Section 15.111[;
	and
	[(4)     until Section 13.122(d) expires, identify each
	voter registered by mail for the first time who failed to provide a
	copy of a document described by Section 63.0101 establishing the
	voter's identity at the time of registration].
	SECTION 6.  Subchapter A, Chapter 18, Election Code, is
	amended by adding Section 18.0051 to read as follows:
	Sec. 18.0051.  CONTENTS OF LIST:  SUBSTITUTE ADDRESS. An
	original or supplemental list of registered voters must contain a
	voter's substitute post office box address designated by the
	attorney general under Article 56.82(b), Code of Criminal
	Procedure, for use by the voter in place of the voter's true
	residential, business, or school address if the voter is eligible
	for early voting by mail under Section 82.007 and has submitted an
	early voting ballot application as required by Section 84.0021.
	SECTION 7.  Chapter 82, Election Code, is amended by adding
	Section 82.007 to read as follows:
	Sec. 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY
	PROGRAM. A qualified voter is eligible for early voting by mail if:
	(1)  the voter submitted a registration application by
	personal delivery as required by Section 13.002(e); and
	(2)  at the time the voter's early voting ballot
	application is submitted, the voter is certified for participation
	in the address confidentiality program administered by the attorney
	general under Subchapter C, Chapter 56, Code of Criminal Procedure.
	SECTION 8.  Subchapter A, Chapter 84, Election Code, is
	amended by adding Section 84.0021 to read as follows:
	Sec. 84.0021.  CONTENTS OF APPLICATION FOR PARTICIPANT IN
	ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.
	(a)  An early voting ballot application submitted by a qualified
	voter who is eligible for early voting by mail under Section 82.007
	must include:
	(1)  the applicant's name and address at which the
	applicant is registered to vote;
	(2)  the substitute post office box address designated
	by the attorney general under Article 56.82(b), Code of Criminal
	Procedure, for use by the voter in place of the voter's true
	residential, business, or school address; and
	(3)  an indication of each election for which the
	applicant is applying for a ballot.
	(b)  The information contained in an application under this
	section relating to the address at which the applicant is
	registered to vote is confidential, except that the information
	must be disclosed if:
	(1)  requested by a law enforcement agency; or
	(2)  required by court order.
	SECTION 9.  Chapter 221, Election Code, is amended by adding
	Section 221.018 to read as follows:
	Sec. 221.018.  EXAMINATION OF CERTAIN CONFIDENTIAL
	INFORMATION. (a)  Notwithstanding Section 84.0021(b), the
	tribunal hearing an election contest may examine the information
	contained in an application under Section 84.0021 relating to the
	address at which the applicant is registered to vote.
	(b)  Information may be examined under this section only for
	the purpose of hearing an election contest.
	SECTION 10.  The attorney general shall establish the
	address confidentiality program and adopt rules to administer the
	program as required by Subchapter C, Chapter 56, Code of Criminal
	Procedure, as added by this Act, not later than June 1, 2008.
	SECTION 11.  Not later than October 1, 2007, the office of
	the attorney general 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 as
	required by Article 57B.02, Code of Criminal Procedure, as added by
	this Act.
	SECTION 12.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 74 passed the Senate on
	April 12, 2007, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 25, 2007, by the
	following vote: Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 74 passed the House, with
	amendment, on May 23, 2007, by the following vote: Yeas 144,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor