HBA-RAR H.B. 357 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 357
By: Wise
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

The production, distribution, or display of pornographic materials is
illegal when the materials involve children.  H.B. 357 addresses potential
obstacles to the effective investigation and prosecution of child
pornography and other forms of child exploitation cases.  The bill
increases the felony offense from the third to the second degree for an
offense under Section 43.25, Penal Code (Sexual Performance of a Child),
adds "sexual contact" to the meaning of "sexual conduct," deletes a certain
affirmative defense for the offense, defines the visual material involved
as the meaning assigned by Section 43.26, Penal Code (Possession or
Promotion of Child Pornography), and adds a duty to report for a business
that develops or processes such visual material.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS


SECTION 1.  Amends Section 25.08(c), Penal Code, to provide that an offense
under this section is a felony of the second degree if the actor commits
the offense with the intent to commit an offense under Section 43.25
(Sexual Performance of a Child). 

SECTION 2. Amends Subdivision (2) and (7), Section 43.25(a), Penal Code, to
add "sexual contact" to the meaning of "sexual conduct." Makes a conforming
change. 

SECTION 3.  Amends Section 43.25(f), Penal Code, to delete as an
affirmative defense to a prosecution under this section the provision that
the defendant, in good faith, reasonably believed that the child who
engaged in the sexual conduct was 18 years of age or older.  Redesignates
remaining subdivisions (2)-(4) to (1)-(3), respectively.   

SECTION 4.  Amends Subchapter B, Chapter 43, Penal Code, by adding Section
43.27, as follows: 

Sec. 43.27.  DUTY TO REPORT.  Defines "visual material" as the meaning
assigned by Section 43.26 (Possession or Promotion of Child Pornography).
Requires a business that develops or processes  visual material and
determines that the material may be evidence of a criminal offense under
this subchapter to report the existence of the visual material to a local
law enforcement agency. 

SECTION 5.  Amends Subdivision (2), Article 59.01, Code of Criminal
Procedure, to conform statutory references to changes made by the 75th
Legislature, which enacted  Chapters 152 (Check Sellers) and 153 (Currency
Exchange, Transportation, or Transmission), Finance Code, and repealed
Articles 350 (Currency Exchange) and 489(d) (Sale of Checks Act), V.T.C.S.

SECTION 6.  Effective date: September 1, 1999.  
                       Makes application of this Act prospective. 

SECTION 7.  Emergency clause.