Texas Penal Code 42.075 – Disclosure of Confidential Information Regarding Family Violence or Victims of Trafficking Shelter Center

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/ Texas Penal Code 42.075 – Disclosure of Confidential Information Regarding Family Violence or Victims of Trafficking Shelter Center

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Texas Penal Code 42.075 – Disclosure of Confidential Information Regarding Family Violence or Victims of Trafficking Shelter Center

WHAT IS DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER IN TEXAS?

The Texas law against disclosure of confidential information regarding family violence or victims of trafficking shelter prohibits disclosing the locations and physical layouts of certain protection centers.

What are family violence shelter centers and victims of trafficking shelter centers? “Family violence shelter centers” and “victims of trafficking shelter centers” are residential and nonresidential programs operated by nonprofit organizations to provide comprehensive protection to victims of family violence, and human trafficking. The locations and physical layouts of these centers are confidential, and disclosing such information with the intent to threaten any inhabitant’s safety is a misdemeanor offense in Texas.

WHAT IS THE DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER LAW IN TEXAS?

Tex. Penal Code § 42.075. DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER.

(b) A person commits an offense if the person, with the intent to threaten the safety of any inhabitant of a family violence shelter center or victims of trafficking shelter center, discloses or publicizes the location or physical layout of the center.

(d) If conduct constituting an offense under this section also constitutes an offense under Section 552.352, Government Code, the actor may be prosecuted under either section.

WHAT IS THE PENALTY CLASS FOR DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER IN TEXAS?

Disclosing confidential information of a family violence or trafficking shelter center is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER IN TEXAS?

The punishment range for disclosing confidential information of a family violence or trafficking shelter center, a Class A misdemeanor, is a maximum jail sentence of one year, and up to a $4,000 fine.

WHAT ARE THE PENALTIES FOR DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER IN TEXAS?

A person charged with the Class A misdemeanor of disclosing a family violence shelter or trafficking shelter center’s location or physical layout may be eligible for probation after a conviction, or deferred adjudication without a conviction, for up to two years.

WHAT ARE THE DEFENSES TO DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER IN TEXAS?

The statute does not authorize specific defenses to disclosure of confidential information regarding family violence or victims of trafficking shelter centers. The law requires proof the person disclosed the location or physical layout of a shelter center with intent to threaten the safety of any inhabitant, so a person on trial for this offense may argue he or she lacked the intent to threaten anyone’s safety by the disclosure.

WHAT IS THE STATUTE OF LIMITATIONS FOR DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER IN TEXAS?

The limitation period for disclosing confidential information regarding family violence or victims of trafficking shelter center, a Class A misdemeanor, is two years.

DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER IN TEXAS

Protecting victims of family violence, sexual assault, or human trafficking is a top priority in Texas. In 2019, the Legislature criminalized disclosing a shelter center’s location or physical layout with intent to threaten any inhabitant’s safety.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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