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HB 3784 would amend the Business & Commerce code by expanding the definition of "recording" to include a memory card, flash drive, hard drive, or data storage drive. The bill would also change the name of the offense "unauthorized recording" to improperly labeled recording. The punishments for these offenses would not be changed.
If a person is convicted under the provisions of HB 3784, they would be required to make restitution to an owner or lawful producer or to a trade association representing them to the order of the aggregate wholesale value or actual financial loss (whichever is greater) and investigation costs.
HB 3784 would expand the regulation of a crime that is very difficult to fairly enforce. The punishments under current law for these crimes are already substantial and disproportionate; strengthening the law without taking the opportunity to bring the penalties into closer proportion to the actual crimes would be regrettable. For these reasons we are neutral on this legislation.