Bill Text: TX SB1257 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the unlawful disclosure of an autopsy image or other visual depiction; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to Criminal Jurisprudence [SB1257 Detail]
Download: Texas-2023-SB1257-Engrossed.html
| By: Creighton | S.B. No. 1257 | |
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| relating to the unlawful disclosure of an autopsy image or other | ||
| visual depiction; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 42, Penal Code, is amended by adding | ||
| Section 42.076 to read as follows: | ||
| Sec. 42.076. UNLAWFUL DISCLOSURE OF AUTOPSY IMAGE OR OTHER | ||
| VISUAL DEPICTION. (a) A person commits an offense if: | ||
| (1) the person discloses an image or other visual | ||
| depiction of an autopsy without the prior consent of the person who | ||
| is the subject of the autopsy or without the consent of that | ||
| person's legal representative; and | ||
| (2) the disclosure of the image or other visual | ||
| depiction reveals in any manner the identity of the person who is | ||
| the subject of the autopsy, including through: | ||
| (A) any accompanying or subsequent information | ||
| or material related to the visual depiction; or | ||
| (B) information or material provided by a third | ||
| party in response to the disclosure of the visual depiction. | ||
| (b) It is an affirmative defense to prosecution under this | ||
| section that: | ||
| (1) the disclosure is made in the course of: | ||
| (A) reporting unlawful activity; | ||
| (B) a legal proceeding, if the disclosure is | ||
| permitted or required by law; or | ||
| (C) a legitimate medical, educational, research, | ||
| scientific, investigational, forensic, or academic proceeding; or | ||
| (2) the actor is an interactive computer service, as | ||
| defined by 47 U.S.C. Section 230, and the disclosure consists of an | ||
| image or visual depiction provided by another person to the | ||
| computer service. | ||
| (c) An offense under this section is a Class B misdemeanor. | ||
| (d) If conduct constituting an offense under this section | ||
| also constitutes an offense under Section 552.352, Government Code, | ||
| the actor may be prosecuted under either section. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
