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5 Cards in this Set

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  • Back
Art. 57.01 Definitions.
1. Name-legal name.
2. Pseudonm-initials or fictitious name chosen by victim.
3. Victim-subject of a crime.
Art. 57.02 Confidentiality of Files and Records.
1. Sexual Assault Prevention and Crisis Services Program of Texas Department of Health will develop/distribute pseudonym forms.
2. Victim may chose pseudonym on form.
3. Law Enforcement Agency may not be required to disclose information.
4. Form is confidential and may not be realeased except to defendants attorney.
5. If victim completes form, Law Enforcement agency shall;
a. substitute pseudonym on all
paperwork
b. notify DA of pseudonym
c. keep the form confidential
6. D.A. will make sure pseudonym is used.
7. Court may require disclosure of information if essential at trial or identity is an issue.
Art. 57.03 Offense.
1. It is an offense for a public servant to disclose information of identity of person chosing pseudonym to anyone other than investigators, D.A., defendants attorney or person specified by judge. Person 17+ years.
2. Unless disclosure is required or permitted by law, public servant commits offense if;
a. has access to records
b. discloses name of victim under
17 to anyone other than
investigators/attorneys
c. affirmative defense if actor is
1. the victim
2. victims parent/guardian
unless actor is defendant
3. class c misdemeanor
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