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.