By:  Wise                                                         H.B. No. 64 



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of certain obscenity 
offenses and other offenses committed to further the commission of 
obscenity offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 25.08(c), Penal Code, is amended to read 
as follows:    
	(c)  An offense under this section is a felony of the third 
degree, except that the offense is a felony of the second degree if 
the actor commits the offense with intent to commit an offense under 
Section 43.25.
	SECTION 2.   Subdivisions (2) and (7), Section 43.25(a), 
Penal Code, are amended to read as follows:
		(2)  "Sexual conduct" means sexual contact, actual or 
simulated sexual intercourse, deviate sexual intercourse, sexual 
bestiality, masturbation, sado-masochistic abuse, or lewd 
exhibition of the genitals, the anus, or any portion of the female 
breast below the top of the areola.
		(7)  "Deviate sexual intercourse" and "sexual contact" 
have the meanings assigned [has the meaning defined] by Section 
43.01.
	SECTION 3.   Section 43.25(f), Penal Code, is amended to read 
as follows:    
	(f)  It is an affirmative defense to a prosecution under this 
section that:  
		(1)  [the defendant, in good faith, reasonably believed 
that the child who engaged in the sexual conduct was 18 years of age 
or older;
		[(2)]  the defendant was the spouse of the child at the 
time of the offense;
		(2) [(3)]  the conduct was for a bona fide educational, 
medical, psychological, psychiatric, judicial, law enforcement, or 
legislative purpose;  or
		(3) [(4)]  the defendant is not more than two years 
older than the child.
	SECTION 4.   Subchapter B, Chapter 43, Penal Code, is amended 
by adding Section 43.27 to read as follows:
	Sec. 43.27.  DUTY TO REPORT. (a)  For purposes of this 
section, "visual material" has the meaning assigned by Section 
43.26.
	(b)  A business that develops or processes visual material 
and determines that the material may be evidence of a criminal 
offense under this subchapter shall report the existence of the 
visual material to a local law enforcement agency.
	SECTION 5.   Subdivision (2), Article 59.01, Code of 
Criminal Procedure, is amended to read as follows:
		(2)  "Contraband" means property of any nature, 
including real, personal, tangible, or intangible, that is:
			(A)  used in the commission of:                                              
				(i)  any first or second degree felony under 
the Penal Code;              
				(ii)  any felony under Section 38.04, 
Subchapter B of Chapter 43, or Chapters 29, 30, 31, 32, 33, 33A, or 
35, Penal Code; or
				(iii)  any felony under The Securities Act 
(Article 581-1 et seq., Vernon's Texas Civil Statutes);
			(B)  used or intended to be used in the commission 
of:                     
				(i)  any felony under Chapter 481, Health 
and Safety Code (Texas Controlled Substances Act);
				(ii)  any felony under Chapter 483, Health 
and Safety Code;               
				(iii)  a felony under Chapter 153, Finance 
Code;                          
				(iv)  any felony under Chapter 34, Penal 
Code;                            
				(v)  a Class A misdemeanor under Subchapter 
B, Chapter 365, Health and Safety Code, if the defendant has been 
previously convicted twice of an offense under that subchapter; or
				(vi)  any felony under Chapter 152, Finance 
Code;                         
			(C)  the proceeds gained from the commission of a 
felony listed in Paragraph (A) or (B) of this subdivision or a crime 
of violence; or
			(D)  acquired with proceeds gained from the 
commission of a felony listed in Paragraph (A) or (B) of this 
subdivision or a crime of violence.
	SECTION 6.   This Act takes effect September 1, 2003.  The 
change in law made by this Act applies only to an offense committed 
on or after September 1, 2003.  An offense committed before 
September 1, 2001, is covered by the law in effect when the offense 
was committed, and the former law is continued in effect for that 
purpose.  For purposes of this section, an offense was committed 
before September 1, 2003, if any element of the offense occurred 
before that date.