Bill Text: TX HB820 | 2013-2014 | 83rd Legislature | Comm Sub

Texas House Bill 820 (Prior Session Legislation)

Bill Title: Relating to the prosecution of the possession or promotion of child pornography.

Sponsorship: 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.



	A BILL TO BE ENTITLED
	AN ACT
	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.