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Relating to the unlawful disclosure of an autopsy image or other visual depiction; creating a criminal offense.
No significant fiscal implication to the State is anticipated.
SB 1388 would make it a criminal offense to disclose a visual depiction of an autopsy that reveals the identity of the subject without the prior consent of the subject or that person’s legal representative. It would be an affirmative defense to prosecution if the disclosure is made in the course of reporting on unlawful activity or participating in a legal proceeding. If enacted, this offense would be a misdemeanor punishable by a fine of up to $1,000 and confinement in jail for up to six months.
Texas Action supports SB 1388 because it would advance personal responsibility and individual liberty. The living relatives of a deceased person should have the right to ownership of any autopsy images. SB 1388 would hold violators of this right accountable by instituting reasonable criminal penalties.
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