reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.056. Application and Eligibility Rules and Procedures

(a)  The attorney general may establish procedures for requiring an applicant, in appropriate circumstances, to submit with the application under Article 58.054(2)(A) independent documentary evidence of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons in the form of:
(1)  an active or recently issued order described by Article 58.054(1)(B);
(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 medical condition of the applicant, applicant's child, or other person in the applicant's household as a result of the family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons;
(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, applicant's child, or other person in the applicant's household in addressing the effects of the family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons; or
(5)  any other independent documentary evidence necessary to show the applicant's eligibility to participate in the program.
(b)  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 58.052(a).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 177 (H.B. 1161), Sec. 5, eff. May 24, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.057. False Statement on Application

(a)  An applicant who knowingly or intentionally makes a false statement in an application under Article 58.054(2)(A) is subject to prosecution under Chapter 37, Penal Code.
(b)  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 58.054(2)(A).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.058. Exclusion From Participation in Program; Withdrawal

(a)  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 58.054(2)(A) 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.
(b)  A participant may withdraw from the program by notifying the attorney general in writing of the withdrawal.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.059. Certification of Participation in Program

(a)  The attorney general shall certify for participation in the program an applicant who satisfies the eligibility requirements under Articles 58.054 and 58.056(b).
(b)  A certification under this article expires on the third anniversary of the date of certification.
(c)  To renew a certification under this article, a participant must satisfy the eligibility requirements under Articles 58.054 and 58.056(b) as if the participant were originally applying for participation in the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.060. Confidentiality of Participant Information; Destruction of Information

(a)  Information relating to a participant:
(1)  is confidential, except as provided by Article 58.061; and
(2)  may not be disclosed under Chapter 552, Government Code.
(b)  Except as provided by Article 58.052(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 the participant's participation in the program ends.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.061. Exceptions

(a)  The attorney general shall disclose a participant's true residential, business, or school address if:
(1)  requested by:
(A)  a law enforcement agency for the purpose of conducting an investigation;
(B)  the Department of Family and Protective Services for the purpose of conducting a child protective services investigation under Chapter 261, Family Code; or
(C)  the Department of State Health Services or a local health authority for the purpose of making a notification described by Article 21.31 of this code, Section 54.033, Family Code, or Section 81.051, Health and Safety Code; or
(2)  required by court order.
(b)  The attorney general may disclose a participant's true residential, business, or school address if:
(1)  the participant consents to the disclosure; and
(2)  the disclosure is necessary to administer the program.
(c)  A person to whom a participant's true residential, business, or school address is disclosed under this article shall maintain the requested information in a manner that protects the confidentiality of the participant's true residential, business, or school address.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.062. 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter C. Confidentiality of Identifying Information of Sex Offense Victims › Article 58.101. Definition

In this subchapter, "victim" means a person who was the subject of:
(1)  an offense the commission of which leads to a reportable conviction or adjudication under Chapter 62; or
(2)  an offense that is part of the same criminal episode, as defined by Section 3.01, Penal Code, as an offense described by Subdivision (1).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter C. Confidentiality of Identifying Information of Sex Offense Victims › Article 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.
(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 a pseudonym form to record the name, address, telephone number, and pseudonym of a victim.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter C. Confidentiality of Identifying Information of Sex Offense Victims › Article 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 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 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.  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.
(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 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 representing 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.
(d)  An attorney representing 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter C. Confidentiality of Identifying Information of Sex Offense Victims › Article 58.104. Court-Ordered Disclosure of Victim Information

A court 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter C. Confidentiality of Identifying Information of Sex Offense Victims › Article 58.105. Disclosure of Certain Child Victim Information Prohibited

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 article 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 parent, conservator, or guardian is a defendant in the case.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter C. Confidentiality of Identifying Information of Sex Offense Victims › Article 58.106. Disclosure of Information of Confined Victim

This subchapter does not prohibit the inspector general of the Texas Department of Criminal Justice from disclosing a victim's identifying information to an employee of the department or the department's ombudsperson if the victim is an inmate or state jail defendant confined in a facility operated by or under contract with the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter C. Confidentiality of Identifying Information of Sex Offense Victims › Article 58.107. Offense

(a)  A public servant commits an offense if the public servant:
(1)  has access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym under this subchapter; and
(2)  knowingly discloses the name, address, or telephone number of the victim to:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  the person specified in the order of a court.
(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:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  a person specified in an order of a court.
(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 actor is a defendant in the case.
(d)  It is an exception to the application of this article that:
(1)  the person who discloses the name, address, or telephone number of a victim is the inspector general of the Texas Department of Criminal Justice;
(2)  the victim is an inmate or state jail defendant confined in a facility operated by or under contract with the department; and
(3)  the person to whom the disclosure is made is an employee of the department or the department's ombudsperson.
(e)  An offense under this article is a Class C misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter D. Confidentiality of Identifying Information of Victims of Stalking › Article 58.151. Definition

In this subchapter, "victim" means a person who is the subject of:
(1)  an offense that allegedly constitutes stalking under Section 42.072, Penal Code; or
(2)  an offense that is part of the same criminal episode, as defined by Section 3.01, Penal Code, as an offense under Section 42.072, Penal Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter D. Confidentiality of Identifying Information of Victims of Stalking › Article 58.152. 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.
(b)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter D. Confidentiality of Identifying Information of Victims of Stalking › Article 58.153. Victim Information Confidential

(a)  A victim who completes a pseudonym form and returns the 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.
(b)  A completed and returned pseudonym form is confidential and may not be disclosed to any person other than the victim identified by the pseudonym form, a defendant in the case, or the defendant's attorney, except on an order of a court.  The court finding required by Article 58.154 is not required to disclose the confidential pseudonym form to the victim identified by the pseudonym form, the defendant in the case, or the defendant's attorney.
(c)  If a victim completes a pseudonym form and returns the form to a law enforcement agency under Article 58.152(a), 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 representing the state of the pseudonym and that the victim has elected to be designated by the pseudonym;
(3)  provide to the victim a copy of the completed pseudonym form showing that the form was returned to the law enforcement agency; and
(4)  maintain the form in a manner that protects the confidentiality of the information contained on the form.
(d)  An attorney representing 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter D. Confidentiality of Identifying Information of Victims of Stalking › Article 58.154. Court-Ordered Disclosure of Victim Information

A court may order the disclosure of a victim's name, address, and telephone number only if the court finds that:
(1)  the information is essential in the trial of the defendant for the offense;
(2)  the identity of the victim is in issue; or
(3)  the disclosure is in the best interest of the victim.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter D. Confidentiality of Identifying Information of Victims of Stalking › Article 58.155. Disclosure of Certain Child Victim Information Prohibited

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 article 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 58.151.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter D. Confidentiality of Identifying Information of Victims of Stalking › Article 58.156. Offense

(a)  A public servant commits an offense if the public servant:
(1)  has access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym under this subchapter; and
(2)  knowingly discloses the name, address, or telephone number of the victim to:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  the person specified in the order of a court.
(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:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  a person specified in an order of a court.
(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 58.151.
(d)  An offense under this article is a Class C misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter D. Confidentiality of Identifying Information of Victims of Stalking › Article 58.157. Effect on Other Law

This subchapter does not affect:
(1)  a victim's responsibility to provide documentation of stalking under Section 92.0161, Property Code; or
(2)  a person's power or duty to disclose the documented information as provided by Subsection (j) of that section.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.201. Definition

In this subchapter, "victim" means a person who is the subject of:
(1)  an offense that allegedly constitutes family violence, as defined by Section 71.004, Family Code; or
(2)  an offense that is part of the same criminal episode, as defined by Section 3.01, Penal Code, as an offense described by Subdivision (1).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.202. 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.
(b)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.203. Victim Information Confidential

(a)  A victim who completes a pseudonym form and returns the 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.
(b)  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.  The court finding required by Article 58.204 is not required to disclose the confidential pseudonym form to the defendant in the case or to the defendant's attorney.
(c)  If a victim completes a pseudonym form and returns the form to a law enforcement agency under Article 58.202(a), 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 representing 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.
(d)  An attorney representing 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.204. Court-Ordered Disclosure of Victim Information

A court 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.205. Disclosure of Certain Child Victim Information Prohibited

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 article 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 58.201.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.206. Offense

(a)  A public servant commits an offense if the public servant:
(1)  has access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym under this subchapter; and
(2)  knowingly discloses the name, address, or telephone number of the victim to:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  the person specified in the order of a court.
(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:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  a person specified in an order of a court.
(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 58.201.
(d)  An offense under this article is a Class C misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.207. Applicability of Subchapter to Department of Family and Protective Services

(a)  This subchapter does not require 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 58.201.
(b)  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 subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter E. Confidentiality of Identifying Information of Victims of Family Violence › Article 58.208. Applicability of Subchapter to Political Subdivisions

This subchapter does not require a political subdivision to use a pseudonym in a report, file, or record that:
(1)  is not intended for distribution to the public; or
(2)  is not the subject of an open records request under Chapter 552, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter F. Confidentiality of Identifying Information of Victims of Trafficking of Persons › Article 58.251. Definition

In this subchapter, "victim" means a person who is the subject of:
(1)  an offense under Section 20A.02, Penal Code; or
(2)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter F. Confidentiality of Identifying Information of Victims of Trafficking of Persons › Article 58.252. 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.
(b)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter F. Confidentiality of Identifying Information of Victims of Trafficking of Persons › Article 58.253. Victim Information Confidential

(a)  A victim who completes a pseudonym form and returns the 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.
(b)  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.  The court finding required by Article 58.254 is not required to disclose the confidential pseudonym form to the defendant in the case or to the defendant's attorney.
(c)  If a victim completes a pseudonym form and returns the form to a law enforcement agency under Article 58.252(a), 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 representing 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.
(d)  An attorney representing 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter F. Confidentiality of Identifying Information of Victims of Trafficking of Persons › Article 58.254. Court-Ordered Disclosure of Victim Information

A court 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter F. Confidentiality of Identifying Information of Victims of Trafficking of Persons › Article 58.255. Disclosure of Child Victim Information Prohibited

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 article 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 58.251.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter F. Confidentiality of Identifying Information of Victims of Trafficking of Persons › Article 58.256. Offense

(a)  A public servant commits an offense if the public servant:
(1)  has access to the name, address, or telephone number of a victim 18 years of age or older who has chosen a pseudonym under this subchapter; and
(2)  knowingly discloses the name, address, or telephone number of the victim to:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  the person specified in the order of a court.
(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:
(A)  a person who is not assisting in the investigation or prosecution of the offense; or
(B)  a person other than:
(i)  the defendant;
(ii)  the defendant's attorney; or
(iii)  a person specified in an order of a court.
(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 58.251.
(d)  An offense under this article is a Class C misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter G. Sealing of Medical Records of Certain Child Victims › Article 58.301. Definitions

In this subchapter:
(1)  "Child" means a person who is younger than 18 years of age.
(2)  "Medical records" means any information used or generated by health care providers, including records relating to emergency room treatment, rehabilitation therapy, or counseling.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter G. Sealing of Medical Records of Certain Child Victims › Article 58.302. Sealing of Medical Records

(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.
(b)  A motion under this article may be filed on the court's own motion or by:
(1)  the attorney representing the state;
(2)  the defendant; or
(3)  the parent or guardian of the victim or, if the victim is no longer a child, the victim.
(c)  The court is not required to seal the records described by this article on a finding of good cause after a hearing held under Subsection (d).
(d)  The court shall grant the motion without a hearing unless the motion is contested not later than the seventh day after the date the motion is filed.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter G. Sealing of Medical Records of Certain Child Victims › Article 58.303. Access to Sealed Medical Records

Medical records sealed under this subchapter are not open for inspection by any person except:
(1)  on further order of the court after:
(A)  notice to a parent or guardian of the victim whose information is sealed or, if the victim is no longer a child, notice to the victim; and
(B)  a finding of good cause;
(2)  in connection with a criminal or civil proceeding as otherwise provided by law; or
(3)  on request of a parent or legal guardian of the victim whose information is sealed or, if the victim is no longer a child, on request of the victim.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter G. Sealing of Medical Records of Certain Child Victims › Article 58.304. Liability

Except on a showing of bad faith, a clerk of the court is not liable for any failure to seal medical records after the court grants a motion under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.011. Election of Forfeiture Proceeding

If property described by Article 59.01(2)(B)(ix), (x), or (xi) is subject to forfeiture under this chapter and Article 18.18, the attorney representing the state may proceed under either this chapter or that article.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 6.004, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1357 (S.B. 1451), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.023. Suit for Proceeds

(a)  A peace officer who identifies proceeds that are gained from the commission of an offense listed in Article 59.01(2)(A) or (B) shall provide the attorney representing the state with an affidavit that identifies the amount of the proceeds and that states probable cause that the proceeds are contraband subject to forfeiture.  On receiving the affidavit, the attorney representing the state may file for a judgment in the amount of the proceeds in a district court in:
(1)  the county in which the proceeds were gained;
(2)  the county in which any owner or possessor of the property was prosecuted for an underlying offense for which the property is subject to forfeiture;
(3)  the county in which venue existed for prosecution of an underlying offense for which the property is subject to forfeiture;
(4)  the county in which the proceeds were seized; or
(5)  Travis County.
(b)  If the court determines that, based on an examination of the affidavit described by Subsection (a), probable cause exists for the suit to proceed, the court shall order that citation be served on all defendants named in the suit in accordance with the Texas Rules of Civil Procedure.
(c)  Each person who is shown to have been a party to an underlying offense for which the proceeds are subject to forfeiture is jointly and severally liable in a suit under this article, regardless of whether the person has been charged for the offense.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1357 (S.B. 1451), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.024. Multiple Recovery Prohibited

The attorney representing the state may proceed under Article 59.02, 59.021, 59.022, or 59.023, or any combination of those articles.  If property or proceeds are awarded or forfeited to the state under this chapter for an underlying offense, a court may not award or forfeit additional property or proceeds that would exceed the highest fair market value of the contraband subject to forfeiture for that offense.  For purposes of this article, the highest fair market value may be calculated at any time during the period in which the applicable person owned, possessed, or had an interest in the contraband.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1357 (S.B. 1451), Sec. 3, eff. September 1, 2013.