| 1 | 1 | | 89R6231 JRR-F |
|---|
| 2 | 2 | | By: Schatzline H.B. No. 1653 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the prosecution of the criminal offense of possession |
|---|
| 10 | 10 | | or promotion of child pornography. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Sections 43.26(a) and (e), Penal Code, are |
|---|
| 13 | 13 | | amended to read as follows: |
|---|
| 14 | 14 | | (a) A person commits an offense if[: |
|---|
| 15 | 15 | | [(1)] the person [knowingly or intentionally] |
|---|
| 16 | 16 | | possesses, or [knowingly or intentionally] accesses with intent to |
|---|
| 17 | 17 | | view, visual material that visually depicts a child younger than 18 |
|---|
| 18 | 18 | | years of age at the time the image of the child was made who is |
|---|
| 19 | 19 | | engaging in sexual conduct, including a child who engages in sexual |
|---|
| 20 | 20 | | conduct as a victim of an offense under Section 20A.02(a)(5), (6), |
|---|
| 21 | 21 | | (7), or (8)[; and |
|---|
| 22 | 22 | | [(2) the person knows that the material depicts the |
|---|
| 23 | 23 | | child as described by Subdivision (1)]. |
|---|
| 24 | 24 | | (e) A person commits an offense if[: |
|---|
| 25 | 25 | | [(1)] the person [knowingly or intentionally] |
|---|
| 26 | 26 | | promotes or possesses with intent to promote material described by |
|---|
| 27 | 27 | | Subsection (a) [(a)(1); and |
|---|
| 28 | 28 | | [(2) the person knows that the material depicts the |
|---|
| 29 | 29 | | child as described by Subsection (a)(1)]. |
|---|
| 30 | 30 | | SECTION 2. Article 38.45(a), Code of Criminal Procedure, is |
|---|
| 31 | 31 | | amended to read as follows: |
|---|
| 32 | 32 | | (a) During the course of a criminal hearing or proceeding, |
|---|
| 33 | 33 | | the court may not make available or allow to be made available for |
|---|
| 34 | 34 | | copying or dissemination to the public property or material: |
|---|
| 35 | 35 | | (1) that constitutes child pornography, as described |
|---|
| 36 | 36 | | by Section 43.26(a) [43.26(a)(1)], Penal Code; |
|---|
| 37 | 37 | | (2) the promotion or possession of which is prohibited |
|---|
| 38 | 38 | | under Section 43.261, Penal Code; or |
|---|
| 39 | 39 | | (3) that is described by Section 2 or 5, Article |
|---|
| 40 | 40 | | 38.071, of this code. |
|---|
| 41 | 41 | | SECTION 3. Article 39.15(a), Code of Criminal Procedure, is |
|---|
| 42 | 42 | | amended to read as follows: |
|---|
| 43 | 43 | | (a) In the manner provided by this article, a court shall |
|---|
| 44 | 44 | | allow discovery under Article 39.14 of property or material: |
|---|
| 45 | 45 | | (1) that constitutes child pornography, as described |
|---|
| 46 | 46 | | by Section 43.26(a) [43.26(a)(1)], Penal Code; |
|---|
| 47 | 47 | | (2) the promotion or possession of which is prohibited |
|---|
| 48 | 48 | | under Section 43.261, Penal Code; or |
|---|
| 49 | 49 | | (3) that is described by Section 2 or 5, Article |
|---|
| 50 | 50 | | 38.071, of this code. |
|---|
| 51 | 51 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 52 | 52 | | to an offense committed on or after the effective date of this Act. |
|---|
| 53 | 53 | | An offense committed before the effective date of this Act is |
|---|
| 54 | 54 | | governed by the law in effect on the date the offense was committed, |
|---|
| 55 | 55 | | and the former law is continued in effect for that purpose. For |
|---|
| 56 | 56 | | purposes of this section, an offense was committed before the |
|---|
| 57 | 57 | | effective date of this Act if any element of the offense occurred |
|---|
| 58 | 58 | | before that date. |
|---|
| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2025. |
|---|