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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offense of possession |
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or promotion of child pornography. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.26(a) and (e), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if[: |
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[(1)] the person [knowingly or intentionally] |
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possesses, or [knowingly or intentionally] accesses with intent to |
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view, visual material that visually depicts a child younger than 18 |
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years of age at the time the image of the child was made who is |
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engaging in sexual conduct, including a child who engages in sexual |
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conduct as a victim of an offense under Section 20A.02(a)(5), (6), |
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(7), or (8)[; and |
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[(2) the person knows that the material depicts the |
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child as described by Subdivision (1)]. |
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(e) A person commits an offense if[: |
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[(1)] the person [knowingly or intentionally] |
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promotes or possesses with intent to promote material described by |
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Subsection (a) [(a)(1); and |
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[(2) the person knows that the material depicts the |
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child as described by Subsection (a)(1)]. |
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SECTION 2. Article 38.45(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) During the course of a criminal hearing or proceeding, |
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the court may not make available or allow to be made available for |
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copying or dissemination to the public property or material: |
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(1) that constitutes child pornography, as described |
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by Section 43.26(a) [43.26(a)(1)], Penal Code; |
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(2) the promotion or possession of which is prohibited |
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under Section 43.261, Penal Code; or |
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(3) that is described by Section 2 or 5, Article |
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38.071, of this code. |
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SECTION 3. Article 39.15(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) In the manner provided by this article, a court shall |
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allow discovery under Article 39.14 of property or material: |
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(1) that constitutes child pornography, as described |
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by Section 43.26(a) [43.26(a)(1)], Penal Code; |
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(2) the promotion or possession of which is prohibited |
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under Section 43.261, Penal Code; or |
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(3) that is described by Section 2 or 5, Article |
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38.071, of this code. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |