HBA-AMW, EDN H.B. 265 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 265 By: Wise Criminal Jurisprudence 3/16/2001 Introduced BACKGROUND AND PURPOSE A "20/20" television program which aired on ABC on January 27, 1999, raised concerns about a new type of invasion of privacy. A video voyeur or "peeping tom" can now secretly watch another person's every move, even in the other person's own home, through the use of modern technology without the slightest suspicion being raised. Currently, only a handful of states prohibit this type of invasion of privacy. House Bill 265 provides that it is a state jail felony if by videotape or other electronic means a person visually records another without the other person's consent and with the intent to arouse or gratify the sexual desire of any person. 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. ANALYSIS House Bill 265 amends the Penal Code to provide that a person commits a state jail felony offense if the person visually records another by videotape or other electronic means without the other person's consent and with intent to arouse or gratify the sexual desire of any person. The bill also amends the Code of Criminal Procedure to provide that a conviction for improper visual recording is defined as a "reportable conviction or adjudication" for which a person is subject to registration as a sex offender. EFFECTIVE DATE September 1, 2001.