Bill Text: TX SB997 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the publication of certain photographs of human remains by certain individuals for a purpose other than an authorized purpose; providing a civil penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB997 Detail]
Download: Texas-2023-SB997-Introduced.html
Bill Title: Relating to the publication of certain photographs of human remains by certain individuals for a purpose other than an authorized purpose; providing a civil penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB997 Detail]
Download: Texas-2023-SB997-Introduced.html
88R8258 MZM-D | ||
By: West | S.B. No. 997 |
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relating to the publication of certain photographs of human remains | ||
by first responders, coroners, medical examiners, and certain other | ||
employees for a purpose other than an official purpose; creating a | ||
criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Kobe and Gianna | ||
Bryant Act. | ||
SECTION 2. Chapter 39, Penal Code, is amended by adding | ||
Section 39.08 to read as follows: | ||
Sec. 39.08. PROHIBITION ON PUBLISHING CERTAIN PHOTOGRAPHS | ||
DEPICTING HUMAN REMAINS. (a) In this section: | ||
(1) "First responder" has the meaning assigned by | ||
Section 421.095, Government Code. | ||
(2) "Human remains" has the meaning assigned by | ||
Section 711.001, Health and Safety Code. | ||
(3) "Publish" means to display, present, or release a | ||
photograph to another person, or to cause a photograph to be | ||
displayed, presented, or released to another person. | ||
(b) A person commits an offense if the person publishes a | ||
photograph of human remains that the person obtained while acting | ||
within the course and scope of the person's duties as a first | ||
responder, coroner, medical examiner, employee of a coroner's | ||
office, or employee of an office of a medical examiner. | ||
(c) It is a defense to prosecution under Subsection (b) that | ||
the person published the photograph of human remains for an | ||
official law enforcement or medical purpose. | ||
(d) For purposes of Subsection (b), a photograph is | ||
considered to have been published if the photograph is: | ||
(1) displayed to another person; | ||
(2) sent to another person by text message; | ||
(3) posted on a social media platform; | ||
(4) sold to a news publication; or | ||
(5) used in a movie or documentary. | ||
(e) An offense under this section is a state jail felony. | ||
SECTION 3. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 117 to read as follows: | ||
CHAPTER 117. LIABILITY FOR PUBLICATION OF CERTAIN PHOTOGRAPHS BY | ||
FIRST RESPONDER OR MEDICAL EXAMINER | ||
Sec. 117.001. PUBLISHING PHOTOGRAPHS PORTRAYING HUMAN | ||
REMAINS. (a) A defendant is liable to a person's surviving spouse, | ||
child, or parent for damages or other relief arising from a | ||
violation of Section 39.08, Penal Code, in relation to the person. | ||
(b) A claimant who prevails in an action under Subsection | ||
(a) is entitled to recover reasonable attorney's fees and costs | ||
incurred in bringing the action. | ||
(c) A governmental unit is jointly and severally liable for | ||
damages arising from a violation of Section 39.08, Penal Code, by a | ||
person employed by the governmental unit. | ||
(d) A governmental unit's sovereign or governmental | ||
immunity to suit and from liability is waived to the extent of | ||
liability created by this section. | ||
(e) A first responder, coroner, medical examiner, employee | ||
of a coroner's office, or employee of an office of a medical | ||
examiner may not assert official immunity as a defense to liability | ||
under this section. | ||
(f) Damages awarded in an action brought under this section | ||
may not exceed $100,000. | ||
SECTION 4. Chapter 117, Civil Practice and Remedies Code, | ||
as added by this Act, applies only to a cause of action that accrues | ||
on or after the effective date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2023. |