Texas Code of Criminal Procedure - Article 57.02. Confidentiality Of Files And Records

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Art. 57.02. CONFIDENTIALITY OF FILES AND RECORDS.  (a) 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.
	(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) of this article 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 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 parent, conservator, or guardian is a defendant in the case.

Added by Acts 1987, 70th Leg., ch. 571, Sec. 1, eff. Sept. 1, 1987.  
Subsec. (h) added by Acts 2001, 77th Leg., ch. 1337, Sec. 3, eff. 
Sept. 1, 2001;  Subsec. (a) amended by Acts 2005, 79th Leg., ch. 93, 
Sec. 1, eff. Sept. 1, 2005.

Last modified: August 10, 2007