By: Smith H.B. No. 2508
A BILL TO BE ENTITLED
AN ACT
relating to Creating a Criminal Offense for the unlawful disclosure
of an autopsy photograph.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 49, Code of Criminal Procedure, is
amended by adding Article 49.105 to read as follows:
Art. 49.105. UNLAWFUL DISCLOSURE OF AN AUTOPSY PHOTOGRAPH.
(a) In this section:
(1) "Photograph" means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video
screen and any image transmitted to a computer or other video screen
by telephone line, cable, satellite transmission, or other method.
(b) A person commits an offense if:
(1) without the effective consent of the depicted
person or the legal representative of the depicted person, the
person discloses a photograph from an autopsy;
(2) the disclosure of the photograph reveals the
identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information
or material related to the photograph; or
(B) information or material provided by a third
party in response to the disclosure of the photograph.
(c) A person commits an offense if, knowing the character
and content of the photograph, the person promotes the photgraph
described by Subsection (b) on an Internet website or other forum
for publication that is owned or operated by the person.
(d) It is an affirmative defense to prosecution under
Subsection (b) or (c) that:
(1) the disclosure or promotion is made in the course
of:
(A) reporting unlawful activity; or
(B) a legal proceeding, if the disclosure or
promotion is permitted or required by law;
(2) the actor is an interactive computer service, as
defined by 47 U.S.C. Section 230, and the disclosure or promotion
consists of visual material provided by another person.
(e) An offense under subsection (b)(1) or (b)(2)is a Class A
Misdemeanor. An offense under subsection (c) is a State Jail
Felony.
(f) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2021.