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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful disclosure of an autopsy image or other |
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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 OF AUTOPSY IMAGE OR OTHER |
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VISUAL DEPICTION. (a) A person commits an offense 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) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the disclosure is made in the course of: |
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(A) reporting unlawful activity; |
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(B) a legal proceeding, if the disclosure is |
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permitted or required by law; or |
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(C) a legitimate medical, educational, research, |
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scientific, investigational, forensic, or academic proceeding; 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 consists of an |
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image or visual depiction provided by another person to the |
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computer service. |
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(c) An offense under this section is a Class B misdemeanor. |
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(d) 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, 2023. |