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A BILL TO BE ENTITLED
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AN ACT
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relating to Creating a Criminal Offense for the unlawful disclosure |
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of an autopsy photograph. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 49, Code of Criminal Procedure, is |
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amended by adding Article 49.105 to read as follows: |
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Art. 49.105. UNLAWFUL DISCLOSURE OF AN AUTOPSY PHOTOGRAPH. |
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(a) In this section: |
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(1) "Photograph" means: |
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(A) any film, photograph, videotape, negative, |
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or slide or any photographic reproduction that contains or |
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incorporates in any manner any film, photograph, videotape, |
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negative, or slide; or |
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(B) any disk, diskette, or other physical medium |
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that allows an image to be displayed on a computer or other video |
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screen and any image transmitted to a computer or other video screen |
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by telephone line, cable, satellite transmission, or other method. |
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(b) A person commits an offense if: |
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(1) without the effective consent of the depicted |
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person or the legal representative of the depicted person, the |
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person discloses a photograph from an autopsy; |
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(2) the disclosure of the photograph reveals the |
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identity of the depicted person in any manner, including through: |
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(A) any accompanying or subsequent information |
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or material related to the photograph; or |
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(B) information or material provided by a third |
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party in response to the disclosure of the photograph. |
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(c) A person commits an offense if, knowing the character |
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and content of the photograph, the person promotes the photgraph |
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described by Subsection (b) on an Internet website or other forum |
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for publication that is owned or operated by the person. |
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(d) It is an affirmative defense to prosecution under |
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Subsection (b) or (c) that: |
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(1) the disclosure or promotion is made in the course |
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of: |
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(A) reporting unlawful activity; or |
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(B) a legal proceeding, if the disclosure or |
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promotion is permitted or required by law; |
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(2) the actor is an interactive computer service, as |
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defined by 47 U.S.C. Section 230, and the disclosure or promotion |
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consists of visual material provided by another person. |
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(e) An offense under subsection (b)(1) or (b)(2)is a Class A |
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Misdemeanor. An offense under subsection (c) is a State Jail |
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Felony. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |