By Wise                                                H.B. No. 221
         77R1898 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of certain obscenity
 1-3     offenses and other offenses committed to further the commission of
 1-4     obscenity offenses.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 25.08(c), Penal Code, is amended to read
 1-7     as follows:
 1-8           (c)  An offense under this section is a felony of the third
 1-9     degree, except that the offense is a felony of the second degree if
1-10     the actor commits the offense with intent to commit an offense
1-11     under Section 43.25.
1-12           SECTION 2.  Subdivisions (2) and (7), Section 43.25(a), Penal
1-13     Code, are amended to read as follows:
1-14                 (2)  "Sexual conduct" means sexual contact, actual or
1-15     simulated sexual intercourse, deviate sexual intercourse, sexual
1-16     bestiality, masturbation, sado-masochistic abuse, or lewd
1-17     exhibition of the genitals, the anus, or any portion of the female
1-18     breast below the top of the areola.
1-19                 (7)  "Deviate sexual intercourse" and "sexual contact"
1-20     have the meanings assigned [has the meaning defined] by Section
1-21     43.01.
1-22           SECTION 3.  Section 43.25(f), Penal Code, is amended to read
1-23     as follows:
1-24           (f)  It is an affirmative defense to a prosecution under this
 2-1     section that:
 2-2                 (1)  [the defendant, in good faith, reasonably believed
 2-3     that the child who engaged in the sexual conduct was 18 years of
 2-4     age or older;]
 2-5                 [(2)]  the defendant was the spouse of the child at the
 2-6     time of the offense;
 2-7                 (2) [(3)]  the conduct was for a bona fide educational,
 2-8     medical, psychological, psychiatric, judicial, law enforcement, or
 2-9     legislative purpose;  or
2-10                 (3) [(4)]  the defendant is not more than two years
2-11     older than the child.
2-12           SECTION 4.  Subchapter B, Chapter 43, Penal Code, is amended
2-13     by adding Section 43.27 to read as follows:
2-14           Sec. 43.27.  DUTY TO REPORT.  (a)  For purposes of this
2-15     section, "visual material" has the meaning assigned by Section
2-16     43.26.
2-17           (b)  A business that develops or processes visual material
2-18     and determines that the material may be evidence of a criminal
2-19     offense under this subchapter shall report the existence of the
2-20     visual material to a local law enforcement agency.
2-21           SECTION 5.  Subdivision (2), Article 59.01, Code of Criminal
2-22     Procedure, is amended to read as follows:
2-23                 (2)  "Contraband" means property of any nature,
2-24     including real, personal, tangible, or intangible, that is:
2-25                       (A)  used in the commission of:
2-26                             (i)  any first or second degree felony
2-27     under the Penal Code;
 3-1                             (ii)  any felony under Section 38.04,
 3-2     Subchapter B of Chapter 43, or Chapters 29, 30, 31, 32, 33, 33A, or
 3-3     35, Penal Code; or
 3-4                             (iii)  any felony under The Securities Act
 3-5     (Article 581-1 et seq., Vernon's Texas Civil Statutes);
 3-6                       (B)  used or intended to be used in the
 3-7     commission of:
 3-8                             (i)  any felony under Chapter 481, Health
 3-9     and Safety Code (Texas Controlled Substances Act);
3-10                             (ii)  any felony under Chapter 483, Health
3-11     and Safety Code;
3-12                             (iii)  a felony under Chapter 153, Finance
3-13     Code;
3-14                             (iv)  any felony under Chapter 34, Penal
3-15     Code;
3-16                             (v)  a Class A misdemeanor under Subchapter
3-17     B, Chapter 365, Health and Safety Code, if the defendant has been
3-18     previously convicted twice of an offense under that subchapter; or
3-19                             (vi)  any felony under Chapter 152, Finance
3-20     Code;
3-21                       (C)  the proceeds gained from the commission of a
3-22     felony listed in Paragraph (A) or (B) of this subdivision or a
3-23     crime of violence; or
3-24                       (D)  acquired with proceeds gained from the
3-25     commission of a felony listed in Paragraph (A) or (B) of this
3-26     subdivision or a crime of violence.
3-27           SECTION 6.  This Act takes effect September 1, 2001.  The
 4-1     change in law made by this Act applies only to an offense committed
 4-2     on or after September 1, 2001.  An offense committed before
 4-3     September 1, 2001, is covered by the law in effect when the offense
 4-4     was committed, and the former law is continued in effect for that
 4-5     purpose.  For purposes of this section, an offense was committed
 4-6     before September 1, 2001, if any element of the offense occurred
 4-7     before that date.