S.B. No. 836 aims to enhance the protection and confidentiality of victims of sex offenses, including sexual assault and sex-based human trafficking. The bill amends Article 38.435 of the Code of Criminal Procedure to prohibit the use of evidence from forensic medical examinations in prosecuting misdemeanor offenses committed by the victim. It also mandates that any related property or material be kept confidential and sealed by the court, with specific provisions for lifting the seal if deemed in the public interest. Additionally, the bill introduces new articles (39.152 and 39.153) that outline the discovery process for visual recordings related to victims of sexual offenses, ensuring protective orders are in place to prevent dissemination of such materials.
Further amendments include the establishment of a pseudonym system for victims, allowing them to use a pseudonym in all public records related to their case, thereby enhancing their privacy. The bill also prohibits the electronic transmission of court proceedings involving sensitive evidence without explicit consent from the victim and other parties involved. These changes are designed to create a more supportive legal environment for victims, ensuring their rights and confidentiality are prioritized throughout the legal process. The act is set to take effect on September 1, 2025.
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