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AN ACT
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relating to the use of a confidential identity for the plaintiff in |
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a civil action involving sexual abuse of a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.013 to read as follows: |
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Sec. 30.013. CONFIDENTIAL IDENTITY IN ACTIONS INVOLVING |
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SEXUAL ABUSE OF A MINOR. (a) In this section: |
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(1) "Confidential identity" means: |
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(A) the use of a pseudonym; and |
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(B) the absence of any other identifying |
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information, including address, telephone number, and social |
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security number. |
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(2) "Plaintiff" means: |
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(A) an individual younger than 18 years of age |
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seeking recovery of damages or other relief; and |
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(B) the parents or legal guardian of the |
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individual. |
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(b) This section applies only to a civil action against a |
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defendant in which a plaintiff seeks recovery of damages or other |
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relief based on conduct described as a felony in the following |
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sections of the Penal Code: |
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(1) Section 22.011 (sexual assault); or |
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(2) Section 22.021 (aggravated sexual assault). |
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(c) Except as otherwise provided by this section, in an |
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action to which this section applies, the court shall: |
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(1) make it known to the plaintiff as early as possible |
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in the proceedings of the action that the plaintiff may use a |
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confidential identity in relation to the action; |
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(2) allow a plaintiff to use a confidential identity |
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in all petitions, filings, and other documents presented to the |
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court; |
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(3) use the confidential identity in all of the court's |
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proceedings and records relating to the action, including any |
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appellate proceedings; and |
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(4) maintain the records relating to the action in a |
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manner that protects the confidentiality of the plaintiff. |
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(d) In a suit to which this section applies, only the |
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following persons are entitled to know the true identifying |
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information about the plaintiff: |
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(1) the judge; |
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(2) a party to the action; |
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(3) the attorney representing a party to the action; |
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and |
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(4) a person authorized by a written order of a court |
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specific to that person. |
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(e) The court shall order that a person entitled to know the |
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true identifying information under Subsection (d) may not divulge |
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that information to anyone without a written order of the court. A |
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court shall hold a person who violates the order in contempt. |
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(f) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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(g) A plaintiff is not required to use a confidential |
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identity as provided by this section. |
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SECTION 2. This Act applies only to a cause of action |
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commenced on or after the effective date of this Act. An action |
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commenced before the effective date of this Act is governed by the |
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law applicable to the action as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1930 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1930 passed the House on |
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May 26, 2009, by the following vote: Yeas 146, Nays 1, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |