| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the publication of certain photographs of human remains |
|
|
by first responders, coroners, medical examiners, and certain other |
|
|
employees for a purpose other than an official purpose; creating a |
|
|
criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act shall be known as the Kobe and Gianna |
|
|
Bryant Act. |
|
|
SECTION 2. Chapter 39, Penal Code, is amended by adding |
|
|
Section 39.08 to read as follows: |
|
|
Sec. 39.08. PROHIBITION ON PUBLISHING CERTAIN PHOTOGRAPHS |
|
|
DEPICTING HUMAN REMAINS. (a) In this section: |
|
|
(1) "First responder" has the meaning assigned by |
|
|
Section 421.095, Government Code. |
|
|
(2) "Human remains" has the meaning assigned by |
|
|
Section 711.001, Health and Safety Code. |
|
|
(3) "Publish" means to display, present, or release a |
|
|
photograph to another person, or to cause a photograph to be |
|
|
displayed, presented, or released to another person. |
|
|
(b) A person commits an offense if the person publishes a |
|
|
photograph of human remains that the person obtained while acting |
|
|
within the course and scope of the person's duties as a first |
|
|
responder, coroner, medical examiner, employee of a coroner's |
|
|
office, or employee of an office of a medical examiner. |
|
|
(c) It is a defense to prosecution under Subsection (b) that |
|
|
the person published the photograph of human remains for an |
|
|
official law enforcement or medical purpose. |
|
|
(d) For purposes of Subsection (b), a photograph is |
|
|
considered to have been published if the photograph is: |
|
|
(1) displayed to another person; |
|
|
(2) sent to another person by text message; |
|
|
(3) posted on a social media platform; |
|
|
(4) sold to a news publication; or |
|
|
(5) used in a movie or documentary. |
|
|
(e) An offense under this section is a state jail felony. |
|
|
SECTION 3. Title 5, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 117 to read as follows: |
|
|
CHAPTER 117. LIABILITY FOR PUBLICATION OF CERTAIN PHOTOGRAPHS BY |
|
|
FIRST RESPONDER OR MEDICAL EXAMINER |
|
|
Sec. 117.001. PUBLISHING PHOTOGRAPHS PORTRAYING HUMAN |
|
|
REMAINS. (a) A defendant is liable to a person's surviving spouse, |
|
|
child, or parent for damages or other relief arising from a |
|
|
violation of Section 39.08, Penal Code, in relation to the person. |
|
|
(b) A claimant who prevails in an action under Subsection |
|
|
(a) is entitled to recover reasonable attorney's fees and costs |
|
|
incurred in bringing the action. |
|
|
(c) A governmental unit is jointly and severally liable for |
|
|
damages arising from a violation of Section 39.08, Penal Code, by a |
|
|
person employed by the governmental unit. |
|
|
(d) A governmental unit's sovereign or governmental |
|
|
immunity to suit and from liability is waived to the extent of |
|
|
liability created by this section. |
|
|
(e) A first responder, coroner, medical examiner, employee |
|
|
of a coroner's office, or employee of an office of a medical |
|
|
examiner may not assert official immunity as a defense to liability |
|
|
under this section. |
|
|
(f) Damages awarded in an action brought under this section |
|
|
may not exceed $100,000. |
|
|
SECTION 4. Chapter 117, Civil Practice and Remedies Code, |
|
|
as added by this Act, applies only to a cause of action that accrues |
|
|
on or after the effective date of this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |