(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 the victim identified by the pseudonym form, 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 victim identified by the pseudonym form, the defendant in the case, or 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;
(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.
(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:
(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.
(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 57A.01(4).
Added by Acts 2015, 84th Leg., R.S., Ch. 394 (H.B. 1293), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 3.01, eff. January 1, 2021.
Text of article effective until January 01, 2021