Texas Civil Practice and Remedies Code 30.013 – Confidential Identity in Actions Involving Sexual Abuse of a Minor
Current as of: 2024 | Check for updates
|
Other versions
(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) § 22.011 (sexual assault); or
(2) § 22.021 (aggravated sexual assault).
Terms Used In Texas Civil Practice and Remedies Code 30.013
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 § 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.