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.