H.B. No. 1686 aims to enhance the protection and confidentiality of victims of sex offenses, including sexual assault and sex-based human trafficking. The bill introduces several amendments to the Code of Criminal Procedure, notably Article 38.435, which prohibits the use of evidence from forensic medical examinations for prosecuting misdemeanor offenses committed by the victim. It also mandates that any related property or material be sealed by the court and restricts public access to such evidence during criminal proceedings. Additionally, the bill amends Article 38.451 to broaden the scope of evidence protection to include victims aged 14 and older, and it establishes new articles (39.152 and 39.153) that outline the discovery process for visual recordings related to forensic examinations and invasive visual recordings.
Furthermore, the bill enhances the responsibilities of peace officers in providing victims with information about their rights and available resources. It requires that victims can choose a pseudonym to protect their identity in public records, and it mandates that law enforcement and prosecuting attorneys maintain the confidentiality of this information. The bill also prohibits the electronic transmission of court proceedings involving sensitive evidence unless explicit consent is obtained from the victim and other parties involved. These measures are designed to ensure that victims feel safe and supported throughout the legal process, with the act set to take effect on September 1, 2025.
Statutes affected: Introduced: ()
House Committee Report: ()