BILL ANALYSIS

Senate Research Center	S.B. 1257
88R8712 AJZ-F	By: Creighton
	Criminal Justice
	4/21/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

When a family has lost a loved one and an autopsy is conducted, it is unacceptable that images or other visual depictions of the autopsy may be disclosed without the family's permission. Additionally, when images from an autopsy are leaked to the general public, this can compromise an investigation.

While Section 552.352 of the Government Code already creates a penalty for the distribution or misuse of crime scene materials, the code is silent on images from autopsies. This bill creates an offense for the unlawful disclosure of an autopsy image.

This legislation passed the Senate in the 87th Legislature as S.B. 1388 (87R), but ran out of time in the House.

Offense

A person commits a Class B misdemeanor offense if:

• the person discloses an image or other visual depiction of an autopsy (including posting online) without the prior consent of the person who is the subject of the autopsy or without the consent of that person's legal representative; and
• the disclosure of the image or other visual depiction reveals in any manner the identity of the person who is the subject of the autopsy, including through:
• any accompanying or subsequent information or material related to the visual depiction; or
• information or material provided by a third party in response to the disclosure of the visual depiction.

Defense to Prosecution

It is an affirmative defense to prosecution that the disclosure or promotion is made in the course of:

• reporting unlawful activity or a legal proceeding;
• a legitimate medical, educational, research, scientific, investigational, forensic, or academic proceeding; or
• the actor is an interactive computer service and the disclosure consists of an image or visual depiction provided by another person to the computer service.

As proposed, S.B. 1257 amends current law relating to the unlawful disclosure of an autopsy image or other visual depiction and creates a criminal offense.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42, Penal Code, by adding Section 42.076, as follows:

Sec. 42.076.� UNLAWFUL DISCLOSURE OF AUTOPSY IMAGE OR OTHER VISUAL DEPICTION. (a) Provides that a person commits an offense if:

(1) the person discloses an image or other visual depiction of an autopsy without the prior consent of the person who is the subject of the autopsy or without the consent of that person's legal representative; and

(2) the disclosure of the image or other visual depiction reveals in any manner the identity of the person who is the subject of the autopsy, including through:

(A) any accompanying or subsequent information or material related to the visual depiction; or

(B) information or material provided by a third party in response to the disclosure of the visual depiction.

(b) Provides that it is an affirmative defense to prosecution under this section that:

(1) the disclosure is made in the course of:

(A) reporting unlawful activity;

(B) a legal proceeding, if the disclosure is permitted or required by law; or

(C) a legitimate medical, educational, research, scientific, investigational, forensic, or academic proceeding; or

(2) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure consists of an image or visual depiction provided by another person to the computer service.

(c) Provides that an offense under this section is a Class B misdemeanor.

(d) Authorizes the actor, if conduct constituting an offense under this section also constitutes an offense under Section 552.352 (Distribution or Misuse of Confidential Information), Government Code, to be prosecuted under either section.

SECTION 2.� Effective date: September 1, 2023.