| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the unlawful disclosure of an autopsy image or other |
|
|
visual depiction; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 42, Penal Code, is amended by adding |
|
|
Section 42.076 to read as follows: |
|
|
Sec. 42.076. UNLAWFUL DISCLOSURE OF AUTOPSY IMAGE OR OTHER |
|
|
VISUAL DEPICTION. (a) A person commits an offense if: |
|
|
(1) the person discloses an image or other visual |
|
|
depiction of an autopsy without the prior consent of the person who |
|
|
is the subject of the autopsy or without the consent of that |
|
|
person's legal representative; and |
|
|
(2) the disclosure of the image or other visual |
|
|
depiction reveals in any manner the identity of the person who is |
|
|
the subject of the autopsy, including through: |
|
|
(A) any accompanying or subsequent information |
|
|
or material related to the visual depiction; or |
|
|
(B) information or material provided by a third |
|
|
party in response to the disclosure of the visual depiction. |
|
|
(b) It is an affirmative defense to prosecution under this |
|
|
section that: |
|
|
(1) the disclosure is made in the course of: |
|
|
(A) reporting unlawful activity; |
|
|
(B) a legal proceeding, if the disclosure is |
|
|
permitted or required by law; or |
|
|
(C) a legitimate medical, educational, research, |
|
|
scientific, investigational, forensic, or academic proceeding; or |
|
|
(2) the actor is an interactive computer service, as |
|
|
defined by 47 U.S.C. Section 230, and the disclosure consists of an |
|
|
image or visual depiction provided by another person to the |
|
|
computer service. |
|
|
(c) An offense under this section is a misdemeanor |
|
|
punishable by: |
|
|
(1) a fine of not more than $1,000; |
|
|
(2) confinement in the county jail for not more than |
|
|
six months; or |
|
|
(3) both the fine and confinement. |
|
|
(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. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |