Texas House Bill HB2508

Texas 2021 - 87th Regular

Caption

Relating to Creating a Criminal Offense for the unlawful disclosure of an autopsy photograph.

Impact

The implementation of HB 2508 introduces new legal protections for individuals’ posthumous privacy rights within the state’s criminal code. By establishing penalties for unlawful disclosure, it aims to deter the unauthorized sharing of sensitive images which could further traumatize bereaved families. The bill categorizes offenses based on the nature of the disclosure, differentiating between a Class A Misdemeanor for unauthorized disclosures and a State Jail Felony for promotional activities that exploit such images online.

Summary

House Bill 2508 introduces a criminal offense related to the unlawful disclosure of autopsy photographs. The bill aims to protect the dignity and privacy of deceased individuals and their families by making it illegal to disclose autopsy photographs without proper consent. It specifies that an offense occurs if a person discloses or promotes such photographs in a manner that reveals the identity of the depicted individual. This legislation was created in response to growing concerns about privacy violations in the aftermath of an autopsy and the potential for distress caused to families of the deceased.

Contention

While HB 2508 primarily garners support for its intention to protect privacy, there could be debates regarding the balance between journalistic freedom and privacy rights. Afforded defenses under this bill, including disclosures made in the context of reporting unlawful activities or legal proceedings, may lead to discussions on where the line is drawn between responsible freedom of information and protecting the rights of individuals and families impacted by autopsy disclosures. Adjustments and interpretations of how these defenses apply in real scenarios may emerge as key points of focus during legislative discussions.