By Wise H.B. No. 265
77R2036 JAT-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) a conviction for a violation of Section
2-14 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
2-15 (Aggravated kidnapping), Penal Code, if the judgment in the case
2-16 contains an affirmative finding under Article 42.015;
2-17 (F) the second conviction for a violation of
2-18 Section 21.08 (Indecent exposure), Penal Code;
2-19 (G) a conviction for an attempt, conspiracy, or
2-20 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-21 offense listed in Paragraph (A), (B), (C), (D), or (E);
2-22 (H) an adjudication of delinquent conduct:
2-23 (i) based on a violation of one of the
2-24 offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
2-25 order in the hearing contains an affirmative finding that the
2-26 victim or intended victim was younger than 17 years of age, one of
2-27 the offenses listed in Paragraph (E); or
3-1 (ii) for which two violations of the
3-2 offense listed in Paragraph (F) are shown;
3-3 (I) a deferred adjudication for an offense
3-4 listed in:
3-5 (i) Paragraph (A), (B), (C), (D), or (G);
3-6 or
3-7 (ii) Paragraph (E) if the papers in the
3-8 case contain an affirmative finding that the victim or intended
3-9 victim was younger than 17 years of age;
3-10 (J) a conviction under the laws of another
3-11 state, federal law, or the Uniform Code of Military Justice for an
3-12 offense containing elements that are substantially similar to the
3-13 elements of an offense listed under Paragraph (A), (B), (C), (D),
3-14 (E), or (G);
3-15 (K) an adjudication of delinquent conduct under
3-16 the laws of another state or federal law based on a violation of an
3-17 offense containing elements that are substantially similar to the
3-18 elements of an offense listed under Paragraph (A), (B), (C), (D),
3-19 (E), or (G);
3-20 (L) the second conviction under the laws of
3-21 another state, federal law, or the Uniform Code of Military Justice
3-22 for an offense containing elements that are substantially similar
3-23 to the elements of the offense of indecent exposure; [or]
3-24 (M) the second adjudication of delinquent
3-25 conduct under the laws of another state or federal law based on a
3-26 violation of an offense containing elements that are substantially
3-27 similar to the elements of the offense of indecent exposure; or
4-1 (N) a conviction for a violation of Section
4-2 21.15, Penal Code.
4-3 SECTION 3. This Act takes effect September 1, 2001.