Bill Text: TX HB820 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the prosecution of the possession or promotion of child pornography.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2013-04-22 - Committee report sent to Calendars [HB820 Detail]
Download: Texas-2013-HB820-Comm_Sub.html
| 83R1224 ADM-D | ||
| By: Taylor, Riddle, Carter, Herrero, Burnam, | H.B. No. 820 | |
| et al. | ||
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| relating to the prosecution of the possession or promotion of child | ||
| pornography. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 43.26(a) and (h), 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; and | ||
| (2) the person knows that the material depicts the | ||
| child as described by Subdivision (1). | ||
| (h) It is a defense to prosecution under Subsection (a) or | ||
| (e) that the actor is a law enforcement officer or a school | ||
| administrator who: | ||
| (1) possessed or accessed the visual material in good | ||
| faith solely as a result of an allegation of a violation of Section | ||
| 43.261; | ||
| (2) allowed other law enforcement or school | ||
| administrative personnel to possess or access the material only as | ||
| appropriate based on the allegation described by Subdivision (1); | ||
| and | ||
| (3) took reasonable steps to destroy the material | ||
| within an appropriate period following the allegation described by | ||
| Subdivision (1). | ||
| SECTION 2. 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 3. This Act takes effect September 1, 2013. | ||
