89R6231 JRR-F
By: Schatzline H.B. No. 1653
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal offense of possession
or promotion of child pornography.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 43.26(a) and (e), Penal Code, are
amended to read as follows:
(a) A person commits an offense if[:
[(1)] the person [knowingly or intentionally]
possesses, or [knowingly or intentionally] accesses with intent to
view, visual material that visually depicts a child younger than 18
years of age at the time the image of the child was made who is
engaging in sexual conduct, including a child who engages in sexual
conduct as a victim of an offense under Section 20A.02(a)(5), (6),
(7), or (8)[; and
[(2) the person knows that the material depicts the
child as described by Subdivision (1)].
(e) A person commits an offense if[:
[(1)] the person [knowingly or intentionally]
promotes or possesses with intent to promote material described by
Subsection (a) [(a)(1); and
[(2) the person knows that the material depicts the
child as described by Subsection (a)(1)].
SECTION 2. Article 38.45(a), Code of Criminal Procedure, is
amended to read as follows:
(a) During the course of a criminal hearing or proceeding,
the court may not make available or allow to be made available for
copying or dissemination to the public property or material:
(1) that constitutes child pornography, as described
by Section 43.26(a) [43.26(a)(1)], Penal Code;
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article
38.071, of this code.
SECTION 3. Article 39.15(a), Code of Criminal Procedure, is
amended to read as follows:
(a) In the manner provided by this article, a court shall
allow discovery under Article 39.14 of property or material:
(1) that constitutes child pornography, as described
by Section 43.26(a) [43.26(a)(1)], Penal Code;
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article
38.071, of this code.
SECTION 4. 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
governed by the law in effect on the date 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 5. This Act takes effect September 1, 2025.