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


Senate Research CenterC.S.S.B. 33
76R8511  GWK-DBy: Shapiro
Criminal Justice
3/4/1999
Committee Report (Substituted)


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. C.S.S.B. 33 would clarify the distinction by punishing the
offenders accordingly by  increasing 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, and redefining "sexual
conduct." 

PURPOSE

As proposed, C.S.S.B. 33 creates offenses for people who induce a minor to
engage in certain conduct, redefines "sexual conduct," and increases the
punishment for an offense involving the promotion of 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 15.031, Penal Code, to create offenses for a
person who induces a minor to engage in certain conduct.  Makes conforming
changes. 

SECTION 2.  Amends Section 43.25(a)(2), Penal Code, to redefine "sexual
conduct." 

SECTION 3. 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 4.  Makes application of this Act prospective. 

SECTION 5. Effective date: September 1, 1999

SECTION 6. Emergency clause. 



SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to provide that this Act relates to the
prosecution of certain offenses involving the sexual exploitation of a
child, rather than for the offense of promotion of child pornography. 

SECTION 1.

Amends Section 15.031, Penal Code, to create offenses for a person who
induces a minor to  engage in certain conduct. 

SECTION 2.  

 Amends Section 43.25(a)(2), Penal Code, to redefine "sexual conduct."

SECTIONS 3-6.

 Redesignated from existing SECTIONS 1-4.