Sec. 30.013. CONFIDENTIAL IDENTITY IN ACTIONS INVOLVING SEXUAL ABUSE OF A MINOR. (a) In this section:
(1) "Confidential identity" means:
(A) the use of a pseudonym; and
(B) the absence of any other identifying information, including address, telephone number, and social security number.
(2) "Plaintiff" means:
(A) an individual younger than 18 years of age seeking recovery of damages or other relief; and
(B) the parents or legal guardian of the individual.
(b) This section applies only to a civil action against a defendant in which a plaintiff seeks recovery of damages or other relief based on conduct described as a felony in the following sections of the Penal Code:
(1) Section 22.011 (sexual assault); or
(2) Section 22.021 (aggravated sexual assault).
(c) Except as otherwise provided by this section, in an action to which this section applies, the court shall:
(1) make it known to the plaintiff as early as possible in the proceedings of the action that the plaintiff may use a confidential identity in relation to the action;
(2) allow a plaintiff to use a confidential identity in all petitions, filings, and other documents presented to the court;
(3) use the confidential identity in all of the court's proceedings and records relating to the action, including any appellate proceedings; and
(4) maintain the records relating to the action in a manner that protects the confidentiality of the plaintiff.
(d) In a suit to which this section applies, only the following persons are entitled to know the true identifying information about the plaintiff:
(1) the judge;
(2) a party to the action;
(3) the attorney representing a party to the action; and
(4) a person authorized by a written order of a court specific to that person.
(e) The court shall order that a person entitled to know the true identifying information under Subsection (d) may not divulge that information to anyone without a written order of the court. A court shall hold a person who violates the order in contempt.
(f) Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
(g) A plaintiff is not required to use a confidential identity as provided by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 559 (S.B. 1930), Sec. 1, eff. September 1, 2009.Section: Previous 30.004 30.005 30.006 30.007 30.008 30.009 30.010 30.011 30.012 30.013 30.014 30.015 30.016 30.017 30.018 Next
Last modified: September 28, 2016