Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB3125 by Thompson (Relating to unauthorized recordings of a live performance.), As Introduced
The bill would amend the Business and Commerce Code as it relates to the unauthorized recordings of a live performance. The provisions of the bill that 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 punishable based on the number of unauthorized recordings during a 180-day period or 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.