By: Creighton S.B. No. 1388
(In the Senate - Filed March 10, 2021; March 18, 2021, read
first time and referred to Committee on Criminal Justice;
May 6, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; May 6, 2021, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1388 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful disclosure of an autopsy image or other
visual depiction; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Penal Code, is amended by adding
Section 42.076 to read as follows:
Sec. 42.076. UNLAWFUL DISCLOSURE OF AUTOPSY IMAGE OR OTHER
VISUAL DEPICTION. (a) A person commits an offense if:
(1) the person discloses an image or other visual
depiction of an autopsy without the prior consent of the person who
is the subject of the autopsy or without the consent of that
person's legal representative; and
(2) the disclosure of the image or other visual
depiction reveals in any manner the identity of the person who is
the subject of the autopsy, including through:
(A) any accompanying or subsequent information
or material related to the visual depiction; or
(B) information or material provided by a third
party in response to the disclosure of the visual depiction.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the disclosure is made in the course of:
(A) reporting unlawful activity; or
(B) a legal proceeding, if the disclosure is
permitted or required by law; or
(2) the actor is an interactive computer service, as
defined by 47 U.S.C. Section 230, and the disclosure consists of an
image or visual depiction provided by another person to the
computer service.
(c) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than
six months; or
(3) both the fine and confinement.
(d) If conduct constituting an offense under this section
also constitutes an offense under Section 552.352, Government Code,
the actor may be prosecuted under either section.
SECTION 2. This Act takes effect September 1, 2021.
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