HB1653 - Relating to the prosecution of the criminal offense of possession or promotion of child pornography.

  89R6231 JRR-F     By: Schatzline H.B. No. 1653       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the criminal offense of possession   or promotion of child pornography.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 43.26(a) and (e), 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, including a child who engages in sexual   conduct as a victim of an offense under Section 20A.02(a)(5), (6),   (7), or (8)[ ; and                [ (2)     the person knows that the material depicts the   child as described by Subdivision (1) ].          (e)  A person commits an offense if[ :                [ (1) ]  the person [ knowingly or intentionally ]   promotes or possesses with intent to promote material described by   Subsection (a) [ (a)(1); and                [ (2)     the person knows that the material depicts the   child as described by Subsection (a)(1) ].          SECTION 2.  Article 38.45(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  During the course of a criminal hearing or proceeding,   the court may not make available or allow to be made available for   copying or dissemination to the public property or material:                (1)  that constitutes child pornography, as described   by Section 43.26(a) [ 43.26(a)(1) ], Penal Code;                (2)  the promotion or possession of which is prohibited   under Section 43.261, Penal Code; or                (3)  that is described by Section 2 or 5, Article   38.071, of this code.          SECTION 3.  Article 39.15(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  In the manner provided by this article, a court shall   allow discovery under Article 39.14 of property or material:                (1)  that constitutes child pornography, as described   by Section 43.26(a) [ 43.26(a)(1) ], Penal Code;                (2)  the promotion or possession of which is prohibited   under Section 43.261, Penal Code; or                (3)  that is described by Section 2 or 5, Article   38.071, of this code.          SECTION 4.  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 5.  This Act takes effect September 1, 2025.