HBA-RAR H.B. 357 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 357 By: Wise Criminal Jurisprudence 2/10/1999 Introduced BACKGROUND AND PURPOSE The production, distribution, or display of pornographic materials is illegal when the materials involve children. H.B. 357 addresses potential obstacles to the effective investigation and prosecution of child pornography and other forms of child exploitation cases. The bill increases the felony offense from the third to the second degree for an offense under Section 43.25, Penal Code (Sexual Performance of a Child), adds "sexual contact" to the meaning of "sexual conduct," deletes a certain affirmative defense for the offense, defines the visual material involved as the meaning assigned by Section 43.26, Penal Code (Possession or Promotion of Child Pornography), and adds a duty to report for a business that develops or processes such visual material. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 25.08(c), Penal Code, to provide that an offense under this section is a felony of the second degree if the actor commits the offense with the intent to commit an offense under Section 43.25 (Sexual Performance of a Child). SECTION 2. Amends Subdivision (2) and (7), Section 43.25(a), Penal Code, to add "sexual contact" to the meaning of "sexual conduct." Makes a conforming change. SECTION 3. Amends Section 43.25(f), Penal Code, to delete as an affirmative defense to a prosecution under this section the provision that the defendant, in good faith, reasonably believed that the child who engaged in the sexual conduct was 18 years of age or older. Redesignates remaining subdivisions (2)-(4) to (1)-(3), respectively. SECTION 4. Amends Subchapter B, Chapter 43, Penal Code, by adding Section 43.27, as follows: Sec. 43.27. DUTY TO REPORT. Defines "visual material" as the meaning assigned by Section 43.26 (Possession or Promotion of Child Pornography). Requires a business that develops or processes visual material and determines that the material may be evidence of a criminal offense under this subchapter to report the existence of the visual material to a local law enforcement agency. SECTION 5. Amends Subdivision (2), Article 59.01, Code of Criminal Procedure, to conform statutory references to changes made by the 75th Legislature, which enacted Chapters 152 (Check Sellers) and 153 (Currency Exchange, Transportation, or Transmission), Finance Code, and repealed Articles 350 (Currency Exchange) and 489(d) (Sale of Checks Act), V.T.C.S. SECTION 6. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 7. Emergency clause.