HBA-BSM S.B. 814 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 814 By: Barrientos Criminal Jurisprudence 4/24/2001 Engrossed BACKGROUND AND PURPOSE Juvenile victims of sexual offenses often face a traumatic time after the crime, and may not wish their identity to be released to the public. The victim may also not be aware of the possibility of arranging a pseudonym to be used in documents relating to the offense. Current law does not prohibit disclosure of the identity of a juvenile victim of a sex crime. A victim of a sex offense may request that a pseudonym be used in public documents relating to the offense, but current law requires the victim to initiate that process and to return the form requesting a pseudonym before a pseudonym is assigned. In some cases, the identity of the victim may have already been disclosed to the public. Senate Bill 814 requires law enforcement agencies to assign a pseudonym for a juvenile victim of a sex offense and prohibits the release of a juvenile victim's identity in any public documents. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 814 amends the Code of Criminal Procedure to provide that a victim of sexual assault who is 17 years of age or older who elects to use a pseudonym must complete a pseudonym form and return the form to the law enforcement agency investigating the offense. A victim who is younger than 17 years is not required to make an election regarding the use of a pseudonym. The bill requires the law enforcement agency investigating the offense to choose for the victim an appropriate pseudonym and complete the pseudonym form for the victim. The bill prohibits a person other than the victim or the victim's parent, conservator, or guardian from disclosing 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. The bill establishes that it is a Class C misdemeanor for a public servant to intentionally or knowingly disclose the name, address, and telephone number of a victim for whom a pseudonym has been chosen to anyone other than specified persons. EFFECTIVE DATE September 1, 2001.