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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 79(R)

House Bill 839

House Author:  Riddle et al.

Effective:  9-1-05

Senate Sponsor:  Williams


            House Bill 839 amends the Code of Criminal Procedure to provide that, following a final conviction for an offense involving child pornography, the court must order the child pornography to be destroyed or forfeited to the state.  The bill also sets out the disposition of child pornography in cases in which there is no prosecution or final conviction and provides that obscene material and child pornography include digital images and the media and equipment on which those images are stored.

House Bill 839 also provides immunity from liability for certain communication service or computer service providers for an offense involving obscene material or child pornography on account of any action taken by the provider in good faith in providing the service.