Texas 2021 - 87th Regular

Texas Senate Bill SB1388

Caption

Relating to the unlawful disclosure of an autopsy image or other visual depiction; creating a criminal offense.

Impact

The introduction of SB1388 has implications for state laws regarding privacy and the sanctity of personal data, particularly relating to the deceased. By establishing legal ramifications for unauthorized disclosures, the bill aims to create a protective framework that prevents exploitation or disrespect towards individuals posthumously. It also aligns with broader efforts to enhance privacy rights within existing legal structures, particularly in light of advancements in media and technology that can easily share sensitive visuals.

Summary

SB1388 aims to protect the privacy of deceased individuals by criminalizing the unlawful disclosure of autopsy images or other visual depictions without proper consent. The bill establishes clear guidelines on what constitutes an offense, including disclosures that reveal the identity of the individual subject to the autopsy. Offenses under this law would be categorized as misdemeanors, with potential penalties including fines and confinement in county jail. This legislation seeks to address concerns about the dignity of deceased persons and safeguard sensitive information from inappropriate public dissemination.

Sentiment

The sentiment regarding SB1388 has generally been supportive among lawmakers and advocacy groups focused on privacy and ethical considerations surrounding autopsy images. Proponents argue that the bill serves a vital function in maintaining the dignity of deceased individuals and providing clear legal standards for what constitutes acceptable behavior in relation to sensitive visual representations. Mixed opinions may exist regarding the effectiveness and necessity of such legislation, primarily in discussions about balancing transparency in legal and medical contexts with the need for privacy.

Contention

Notable points of contention surrounding SB1388 include the potential for this law to hinder legitimate disclosures in certain contexts, such as legal proceedings or academic research. Critics might argue that while the bill is well-intentioned, it could create barriers to important practices in forensic science or public health. Additionally, there may be concerns regarding the bill's definitions and the potential for overreach, particularly in how consent is interpreted. Overall, the legislation enhances privacy protections but prompts discussions about the implications for various professional sectors.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1257

Relating to the unlawful disclosure of an autopsy image or other visual depiction; creating a criminal offense.

TX HB1896

Relating to civil and criminal liability for the unlawful disclosure or promotion of intimate visual material.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1044

Relating to criminal offenses for the creation or distribution of certain misleading images and videos; creating a criminal offense.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB2454

Relating to the unlawful acquisition of certain weapons; creating a criminal offense.

TX HB817

Relating to creating a criminal offense for the unlawful possession or transfer of an assault weapon.

TX HB611

Relating to the creation of the criminal offense of unlawful disclosure of residence address or telephone number.

TX SB1388

Relating to creating the criminal offense of operating a premises for unlawful controlled substance consumption.

TX SB523

Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons; increasing a criminal penalty.

Similar Bills

No similar bills found.