Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
John S O'Brien, Director, Legislative Budget Board
HB3125 by Thompson (Relating to the offenses of unauthorized duplication, unauthorized recording, unauthorized operation of recording device, and improper labeling of recordings.), Committee Report 1st House, Substituted
The bill would amend the Business and Commerce Code as it relates to the offenses of unauthorized duplication, unauthorized recording, unauthorized operation of recording device, and improper labeling of recordings. The provisions of the bill that would enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, a person who records a live performance as defined by the bill, without the consent of the owner, would be punished based on the number of unauthorized recordings during a 180-day period or for a previous conviction. Under current statute, unauthorized recording of a live performance is punishable by confinement in county jail, imprisonment, fine or both confinement/imprisonment and fine.
Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. Although the number of times a person engage in unauthorized recordings of a live performance is unknown, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.