By Wise, Janek, Hamric, Bonnen                        H.B. No. 2047
         76R6783 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of an offense prohibiting the covert
 1-3     visual recording of another for an improper sexual purpose and to
 1-4     certain consequences on conviction of that offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 21, Penal Code, is amended by adding
 1-7     Section 21.15 to read as follows:
 1-8           Sec. 21.15.  IMPROPER VISUAL RECORDING.  (a)  A person
 1-9     commits an offense if by videotape or other electronic means the
1-10     person visually records  another:
1-11                 (1)  without the other person's consent; and
1-12                 (2)  with intent to arouse or gratify the sexual desire
1-13     of any person.
1-14           (b)  An offense under this section is a state jail felony.
1-15           SECTION 2.  Article 62.01(5), Code of Criminal Procedure, is
1-16     amended to read as follows:
1-17                 (5)  "Reportable conviction or adjudication" means a
1-18     conviction or adjudication, regardless of the pendency of an
1-19     appeal, that is:
1-20                       (A)  a conviction for a violation of Section
1-21     21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
1-22     (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
1-23     Penal Code;
1-24                       (B)  a conviction for a violation of Section
 2-1     43.05 (Compelling prostitution), 43.25 (Sexual performance by a
 2-2     child), or 43.26 (Possession or promotion of child pornography),
 2-3     Penal Code;
 2-4                       (C)  a conviction for a violation of Section
 2-5     20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
 2-6     committed the offense with intent to violate or abuse the victim
 2-7     sexually;
 2-8                       (D)  a conviction for a violation of Section
 2-9     30.02 (Burglary), Penal Code, if the offense is punishable under
2-10     Subsection (d) of that section and the defendant committed the
2-11     offense with intent to commit a felony listed in Paragraph (A) or
2-12     (C);
2-13                       (E)  the second conviction for a violation of
2-14     Section 21.08 (Indecent exposure), Penal Code;
2-15                       (F)  a conviction for an attempt, conspiracy, or
2-16     solicitation, as defined by Chapter 15, Penal Code, to commit an
2-17     offense listed in Paragraph (A), (B), (C), or (D);
2-18                       (G)  an adjudication of delinquent conduct based
2-19     on a violation of one of the offenses listed in Paragraph (A), (B),
2-20     (C), (D), or (F) or for which two violations of the offense listed
2-21     in Paragraph (E) are shown;
2-22                       (H)  a deferred adjudication for an offense
2-23     listed in Paragraph (A), (B), (C), (D), or (F);
2-24                       (I)  a conviction under the laws of another state
2-25     or the Uniform Code of Military Justice for an offense containing
2-26     elements that are substantially similar to the elements of an
2-27     offense listed under Paragraph (A), (B), (C), (D), or (F); [or]
 3-1                       (J)  the second conviction under the laws of
 3-2     another state or the Uniform Code of Military Justice for an
 3-3     offense containing elements that are substantially similar to the
 3-4     elements of the offense of indecent exposure; or
 3-5                       (K)  a conviction for a violation of Section
 3-6     21.15, Penal Code.
 3-7           SECTION 3.  This Act takes effect September 1, 1999.
 3-8           SECTION 4.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended.