By:  Shapiro                                                      S.B. No. 1092


A BILL TO BE ENTITLED

AN ACT

relating to evidence offered in the prosecution of the offense of 
child pornography.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.26, Penal Code, is amended by adding 
Subsection (h) to read as follows:
	(h)  In a prosecution under this section, the defendant may 
offer evidence to establish that the material does not depict a 
person or depicts a person who was 18 years of age or older at the 
time the image of the person was made only if the attorney 
representing the defendant provides notice of that intention to the 
court and the attorney representing the state not later than the 
10th day before the date on which the trial on the merits commences.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to the prosecution of an offense committed on or after the 
effective date of this Act.  For purposes of this section, an 
offense is committed before the effective date of this Act if any 
element of the offense occurs before the effective date.
	(b)  The prosecution of an offense committed before the 
effective date of this Act is covered by the law in effect when the 
offense was committed, and the former law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.