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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful disclosure or promotion of an autopsy |
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image or other visual depiction; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Penal Code, is amended by adding |
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Section 42.076 to read as follows: |
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Sec. 42.076. UNLAWFUL DISCLOSURE OR PROMOTION OF AUTOPSY |
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IMAGE OR OTHER VISUAL DEPICTION. (a) A person commits an offense |
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if: |
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(1) the person discloses an image or other visual |
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depiction of an autopsy without the prior consent of the person who |
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is the subject of the autopsy or without the consent of that |
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person's legal representative; and |
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(2) the disclosure of the image or other visual |
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depiction reveals in any manner the identity of the person who is |
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the subject of the autopsy, including through: |
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(A) any accompanying or subsequent information |
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or material related to the visual depiction; 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 visual depiction. |
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(b) A person commits an offense if, knowing the character |
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and content of the depiction, the person promotes an image or other |
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visual depiction described by Subsection (a) on an Internet website |
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or other forum for publication that is owned or operated by the |
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person. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a) or (b) 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; or |
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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 an image or visual depiction provided by another person |
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to the computer service. |
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(d) An offense under Subsection (a) is a Class A |
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misdemeanor. An offense under Subsection (b) is a state jail |
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felony. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under Section 552.352, Government Code, |
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the actor may be prosecuted under either section. |
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SECTION 2. This Act takes effect September 1, 2021. |