HBA-RBT S.B. 33 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 33
By: Shapiro
Criminal Jurisprudence
5/4/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, possession of and promotion of child pornography are punishable
by the same penalty: a third degree felony punishable by two to 10 years in
a Texas Department of Criminal Justice facility.  Promotion and peddling of
child pornography can be considered a more serious offense than possessing
pornography. S.B. 33 clarifies the distinction by punishing the offenders
accordingly by  increasing the punishment for an offense involving the
promotion of child pornography to a felony of the second degree, punishable
with a 20-year maximum sentence, and redefining "sexual conduct." 

S.B. 33 creates offenses for people who induce a minor to engage in certain
conduct, redefines "sexual conduct," and increases the punishment for an
offense involving the promotion of child pornography from a third degree to
a second degree felony offense.  

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 15.031, Penal Code, to create offenses for a
person who induces a minor to engage in conduct that is an offense under
Sections 21.11 (Indecency With a Child), 22.011 (Sexual Assault), 22.021
(Aggravated Sexual Assault), or 43.25 (Sexual Performance by a Child),
Penal Code.  Makes conforming changes. 

SECTION 2.  Amends Section 43.25(a)(2), Penal Code, to redefine "sexual
conduct." 

SECTION 3. Amends Section 43.26(g), Penal Code, to provide that an offense
under Subsection (e) is a felony of the second degree, rather than a felony
of the third degree.    

SECTION 4.  Makes application of this Act prospective. 

SECTION 5. Effective date: September 1, 1999

SECTION 6. Emergency clause.