H.B. No. 2329
 
 
 
 
AN ACT
  relating to the confidentiality of certain information regarding
  victims of trafficking of persons and to the issuance and
  enforcement of protective orders to protect victims of trafficking
  of persons; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 7B to read as follows:
  CHAPTER 7B. PROTECTIVE ORDER FOR VICTIM OF TRAFFICKING OF PERSONS
         Art. 7B.01.  APPLICATION FOR PROTECTIVE ORDER. (a) A person
  who is the victim of an offense under Section 20A.02, Penal Code, a
  parent or guardian acting on behalf of a person younger than 18
  years of age who is the victim of such an offense, or a prosecuting
  attorney acting on behalf of the person may file an application for
  a protective order under this chapter without regard to the
  relationship between the applicant and the offender or alleged
  offender.
         (b)  An application for a protective order under this chapter
  may be filed in a district court, juvenile court having the
  jurisdiction of a district court, statutory county court, or
  constitutional county court in:
               (1)  the county in which the applicant resides; or
               (2)  the county in which the offender or alleged
  offender resides.
         Art. 7B.02.  TEMPORARY EX PARTE ORDER. If the court finds
  from the information contained in an application for a protective
  order that there is a clear and present danger that the alleged
  offender will traffic the applicant in a manner that constitutes an
  offense under Section 20A.02, Penal Code, or that the victim will
  otherwise suffer harm described by that section, the court, without
  further notice to the offender or alleged offender and without a
  hearing, may enter a temporary ex parte order for the protection of
  the applicant or any other member of the applicant's family or
  household.
         Art. 7B.03.  REQUIRED FINDINGS; ISSUANCE OF TEMPORARY
  PRETRIAL PROTECTIVE ORDER. (a) At the close of a hearing on an
  application for a protective order under this chapter, the court
  shall find whether there are reasonable grounds to believe that the
  applicant is the victim of an offense for which the subject of the
  protective order has been charged under Section 20A.02, Penal Code,
  and:
               (1)  is younger than 18 years of age; or
               (2)  regardless of age, is the subject of a threat that
  reasonably places the  applicant in fear of further harm from the
  alleged offender.
         (b)  If the court finds reasonable grounds to believe that
  the applicant is the victim of an offense for which the subject of
  the protective order has been charged under Section 20A.02, Penal
  Code, and is younger than 18 years of age, or regardless of age, the
  subject of a threat that reasonably places the applicant in fear of
  further harm from the alleged offender, the court shall issue a
  temporary protective order that includes a statement of the
  required findings, to be effective until the date the alleged
  offender is convicted or acquitted, or until the date on which the
  case involving the offense under Section 20A.02, Penal Code, is
  finally disposed.
         Art. 7B.04.  REQUIRED FINDINGS; ISSUANCE OF POST-TRIAL
  PROTECTIVE ORDER. (a) At the close of a hearing on an application
  for a protective order under this chapter, the court shall find
  whether there are reasonable grounds to believe that the applicant
  is the victim of an offense for which the subject of the protective
  order has been convicted under Section 20A.02, Penal Code, and:
               (1)  is younger than 18 years of age; or
               (2)  regardless of age, is the subject of a threat that
  reasonably places the applicant in fear of further harm from the
  alleged offender.
         (b)  If the court finds reasonable grounds to believe that
  the applicant is the victim of an offense for which the subject of
  the protective order has been convicted under Section 20A.02, Penal
  Code, and is younger than 18 years of age, or regardless of age, the
  subject of a threat that reasonably places the applicant in fear of
  further harm from the offender, the court shall issue a protective
  order that includes a statement of the required findings.
         Art. 7B.05.  APPLICATION OF OTHER LAW. To the extent
  applicable, except as otherwise provided by this chapter, Title 4,
  Family Code, applies to a protective order issued under this
  chapter.
         Art. 7B.06.  CONDITIONS SPECIFIED BY ORDER. (a) In a
  protective order issued under this chapter, the court may:
               (1)  order the offender or alleged offender to take
  action as specified by the court that the court determines is
  necessary or appropriate to prevent or reduce the likelihood of
  future harm to the applicant or a member of the applicant's family
  or household; or
               (2)  prohibit the offender or alleged offender from:
                     (A)  communicating directly or indirectly with
  the applicant or any member of the applicant's family or household
  in a threatening or harassing manner;
                     (B)  going to or near the residence, place of
  employment or business, or child-care facility or school of the
  applicant or any member of the applicant's family or household;
                     (C)  engaging in conduct directed specifically
  toward the applicant or any member of the applicant's family or
  household, including following the person, that is reasonably
  likely to harass, annoy, alarm, abuse, torment, or embarrass the
  person; and
                     (D)  possessing a firearm, unless the alleged
  offender is a peace officer, as defined by Section 1.07, Penal Code,
  actively engaged in employment as a sworn, full-time paid employee
  of a state agency or political subdivision.
         (b)  In an order under Subsection (a)(2)(B), the court shall
  specifically describe each prohibited location and the minimum
  distance from the location, if any, that the offender or alleged
  offender must maintain. This subsection does not apply to an order
  with respect to which the court has received a request to maintain
  confidentiality of information revealing the locations.
         (c)  In a protective order, the court may suspend a license
  to carry a concealed handgun issued under Section 411.177,
  Government Code, that is held by the offender or alleged offender.
         Art. 7B.07.  WARNING ON PROTECTIVE ORDER. (a) Each
  protective order issued under this chapter, including a temporary
  ex parte order, must contain the following prominently displayed
  statements in boldfaced type, capital letters, or underlined:
         "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
  CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
  JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         "IT MAY BE UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE
  OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED
  IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY
  OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO
  POSSESS A FIREARM OR AMMUNITION."
         (b)  Each protective order issued under this chapter, except
  for a temporary ex parte order, must contain the following
  prominently displayed statement in boldfaced type, capital
  letters, or underlined:
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
  RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
  OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."
         Art. 7B.08.  DURATION OF POST-TRIAL PROTECTIVE ORDER. (a) A
  protective order issued under Article 7B.04 may be effective for
  the duration of the lives of the offender and victim as provided by
  Subsection (b), or for any shorter period stated in the order.  If a
  period is not stated in the order, the order is effective until the
  second anniversary of the date the order was issued.
         (b)  A protective order issued under Article 7B.04 may be
  effective for the duration of the lives of the offender and victim
  only if the court finds reasonable cause to believe that the victim
  is the subject of a threat that reasonably places the victim in fear
  of further harm from the alleged offender.
         (c)  A victim who is 18 years of age or older or a parent or
  guardian acting on behalf of a victim who is younger than 18 years
  of age may file at any time an application with the court to rescind
  the protective order.
         (d)  To the extent of any conflict with Section 85.025,
  Family Code, this article prevails.
         SECTION 2.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 57D to read as follows:
  CHAPTER 57D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF VICTIMS
  OF TRAFFICKING OF PERSONS
         Art. 57D.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
  Section 1.07(a), Penal Code.
               (4)  "Victim" means a person who is the subject of:
                     (A)  an offense under Section 20A.02, Penal Code;
  or
                     (B)  an offense that is part of the same criminal
  episode, as defined by Section 3.01, Penal Code, as an offense under
  Section 20A.02, Penal Code.
         Art. 57D.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 18 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 57D.01(4).
         Art. 57D.03.  OFFENSE. (a) A public servant with access to
  the name, address, or telephone number of a victim 18 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 18 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 57D.01(4).
         (d)  An offense under this article is a Class C misdemeanor.
         SECTION 3.  Section 25.026, Tax Code, is amended to read as
  follows:
         Sec. 25.026.  CONFIDENTIALITY OF CERTAIN [VIOLENCE] SHELTER
  CENTER AND SEXUAL ASSAULT PROGRAM ADDRESS INFORMATION. (a)  In
  this section:
               (1)  "Family violence shelter center" has the meaning
  assigned by Section 51.002, Human Resources Code.
               (2)  "Sexual assault program" has the meaning assigned
  by Section 420.003, Government Code.
               (3)  "Victims of trafficking shelter center" means a
  program that:
                     (A)  is operated by a public or private nonprofit
  organization; and
                     (B)  provides comprehensive residential and
  nonresidential services to victims of trafficking of persons under
  Section 20A.02, Penal Code.
         (b)  Information in appraisal records under Section 25.02 is
  confidential and is available only for the official use of the
  appraisal district, this state, the comptroller, and taxing units
  and political subdivisions of this state if the information
  identifies the address of a family violence shelter center, [or] a
  sexual assault program, or a victims of trafficking shelter center.
         SECTION 4.  Not later than October 1, 2011, 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 57D.02, Code of Criminal Procedure, as added by
  this Act.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2329 was passed by the House on May 6,
  2011, by the following vote:  Yeas 129, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2329 on May 27, 2011, by the following vote:  Yeas 139, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2329 was passed by the Senate, with
  amendments, on May 24, 2011, by the following vote:  Yeas 30, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor