| 2 | + | (In the Senate - Filed March 10, 2021; March 18, 2021, read |
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| 3 | + | first time and referred to Committee on Criminal Justice; |
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| 4 | + | May 6, 2021, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 6, Nays 0; May 6, 2021, sent |
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| 6 | + | to printer.) |
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| 7 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1388 By: Whitmire |
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| 2 | 8 | | |
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| 3 | 9 | | |
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| 4 | 10 | | A BILL TO BE ENTITLED |
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| 5 | 11 | | AN ACT |
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| 6 | 12 | | relating to the unlawful disclosure of an autopsy image or other |
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| 7 | 13 | | visual depiction; creating a criminal offense. |
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| 8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 15 | | SECTION 1. Chapter 42, Penal Code, is amended by adding |
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| 10 | 16 | | Section 42.076 to read as follows: |
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| 11 | 17 | | Sec. 42.076. UNLAWFUL DISCLOSURE OF AUTOPSY IMAGE OR OTHER |
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| 12 | 18 | | VISUAL DEPICTION. (a) A person commits an offense if: |
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| 13 | 19 | | (1) the person discloses an image or other visual |
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| 14 | 20 | | depiction of an autopsy without the prior consent of the person who |
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| 15 | 21 | | is the subject of the autopsy or without the consent of that |
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| 16 | 22 | | person's legal representative; and |
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| 17 | 23 | | (2) the disclosure of the image or other visual |
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| 18 | 24 | | depiction reveals in any manner the identity of the person who is |
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| 19 | 25 | | the subject of the autopsy, including through: |
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| 20 | 26 | | (A) any accompanying or subsequent information |
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| 21 | 27 | | or material related to the visual depiction; or |
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| 22 | 28 | | (B) information or material provided by a third |
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| 23 | 29 | | party in response to the disclosure of the visual depiction. |
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| 24 | 30 | | (b) It is an affirmative defense to prosecution under this |
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| 25 | 31 | | section that: |
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| 26 | 32 | | (1) the disclosure is made in the course of: |
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| 32 | 36 | | (2) the actor is an interactive computer service, as |
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| 33 | 37 | | defined by 47 U.S.C. Section 230, and the disclosure consists of an |
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| 34 | 38 | | image or visual depiction provided by another person to the |
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| 35 | 39 | | computer service. |
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| 36 | 40 | | (c) An offense under this section is a misdemeanor |
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| 37 | 41 | | punishable by: |
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| 38 | 42 | | (1) a fine of not more than $1,000; |
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| 39 | 43 | | (2) confinement in the county jail for not more than |
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| 40 | 44 | | six months; or |
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| 41 | 45 | | (3) both the fine and confinement. |
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| 42 | 46 | | (d) If conduct constituting an offense under this section |
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| 43 | 47 | | also constitutes an offense under Section 552.352, Government Code, |
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| 44 | 48 | | the actor may be prosecuted under either section. |
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| 45 | 49 | | SECTION 2. This Act takes effect September 1, 2021. |
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