LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 3, 2025 TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB442 by Hinojosa, Juan "Chuy" (Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media; increasing a criminal penalty.), As Introduced No significant fiscal implication to the State is anticipated. The bill would expand the conduct constituting the offense of unlawful production or distribution of certain sexually explicit videos by including deep fake media as defined in the bill, by excluding the intent to deceive as an element of the offense, by narrowing the definition of exculpatory consent, and by disallowing certain defense to prosecution. The bill would increase the punishment from a Class A misdemeanor to a third degree felony for an individual previously convicted of the offense. It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant. Local Government ImpactWhile it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, MGol, AMr, DGI
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 3, 2025
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB442 by Hinojosa, Juan "Chuy" (Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media; increasing a criminal penalty.), As Introduced
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB442 by Hinojosa, Juan "Chuy" (Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media; increasing a criminal penalty.), As Introduced
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB442 by Hinojosa, Juan "Chuy" (Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media; increasing a criminal penalty.), As Introduced
SB442 by Hinojosa, Juan "Chuy" (Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media; increasing a criminal penalty.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would expand the conduct constituting the offense of unlawful production or distribution of certain sexually explicit videos by including deep fake media as defined in the bill, by excluding the intent to deceive as an element of the offense, by narrowing the definition of exculpatory consent, and by disallowing certain defense to prosecution. The bill would increase the punishment from a Class A misdemeanor to a third degree felony for an individual previously convicted of the offense. It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.
Local Government Impact
While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff: b > td > JMc, MGol, AMr, DGI
JMc, MGol, AMr, DGI