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Texas Laws | Criminal Procedure
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE

(3) maintain the form in a manner that protects the confidentiality of the information contained on the form. (14559)

(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. (14560)

(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. (14561)

(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: (14562)

(1) the victim; or (14563)

(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). (14564)

Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 3, eff. June 15, 2007. (14565)

Art. 57B.03. OFFENSE. (14566)(Text)

(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. (14567)

(b) Unless the disclosure is required or permitted by other law, a public servant or other person commits an offense if the person: (14568)

(1) has access to or obtains the name, address, or telephone number of a victim younger than 17 years of age; and (14569)

(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. (14570)

(c) It is an affirmative defense to prosecution under Subsection (b) that the actor is: (14571)

(1) the victim; or (14572)

(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). (14573)

(d) An offense under this article is a Class C misdemeanor. (14574)

Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 3, eff. June 15, 2007. (14575)

Art. 57B.04. APPLICABILITY OF CHAPTER TO DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (14576)(Text)

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. (14577)

Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 3, eff. June 15, 2007. (14578)

Art. 57B.05. APPLICABILITY OF CHAPTER TO POLITICAL SUBDIVISIONS. (14579)(Text)

Nothing in this chapter requires a political subdivision to use a pseudonym in a report, file, or record that is not: (14580)

(1) intended for distribution to the public; or (14581)

(2) the subject of an open records request under Chapter 552, Government Code. (14582)

Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 3, eff. June 15, 2007. (14583)

CHAPTER 57C. SEALING OF COURT RECORDS CONTAINING MEDICAL INFORMATION FOR CERTAIN CHILD VICTIMS (14584)(Text)

Art. 57C.01. DEFINITIONS. (14585)(Text)

In this chapter: (14586)

(1) "Child" means a person who is younger than 18 years of age. (14587)

(2) "Medical records" means any information used or generated by health care providers, including records relating to emergency room treatment, rehabilitation therapy, or counseling. (14588)

Added by Acts 2009, 81st Leg., R.S., Ch. 1010 (H.B. 4136), Sec. 1, eff. June 19, 2009. (14589)

Art. 57C.02. SEALING OF RECORDS. (14590)(Text)

(a) Except as provided by Subsection (c), on a motion filed by a person described by Subsection (b), the court shall seal the medical records of a child who is a victim of an offense described by Section 1, Article 38.071. (14591)

(b) A motion under this article may be filed on the court's own motion or by: (14592)

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