SRC-AXB, JWD S.B. 33 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 33
76R1577 KEL-DBy: Shapiro
Criminal Justice
3/1/1999
As Filed


DIGEST 

Currently, possession of and promotion of child pornography are punishable
by the same penalty: a third degree felony punishable by two to 10 years in
a Texas Department of Criminal Justice facility.  Promotion and peddling of
child pornography can be considered a more serious offense than possessing
pornography. S.B. 33 would clarify the distinction by punishing the
offenders accordingly.  This bill would also increase the punishment for an
offense involving the promotion of child pornography to a felony of the
second degree, punishable with a 20-year maximum sentence. 

PURPOSE

As proposed, S.B. 33 increases the punishment for the offense of  promotion
of or possession with the intent to promote child pornography from a third
degree to a second degree felony offense.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.26(g), Penal Code, to provide that an offense
under Subsection (e) is a felony of the second degree, rather than a felony
of the third degree.    

SECTION 2.  Makes application of this Act prospective. 

SECTION 3. Effective date: September 1, 1999

SECTION 4. Emergency clause.