SRC-TAG H.B. 1060 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1060
78R1107 KEL-DBy: Thompson (Ellis, Rodney)
Criminal Justice
5/10/2003
Engrossed


DIGEST AND PURPOSE 

Recently, video recordings have been produced via hidden broadcast cameras
in locker rooms, bathrooms, and other places, that are then promoted on
the Web and other places, without the consent of the person who was
recorded.  H.B. 1060 provides that it is an offense to promote a
photograph or visual recording which was obtained without the subject's
consent and which is intended to arouse or gratify the sexual desire of
any person. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.15, Penal Code, as follows:

 (a)  Defines "promote."

(b)  Provides that person commits an offense if the person photographs or
by videotape or other electronic means visually records with the intent to
arouse or gratify the sexual desire of any person; or knowing the
character and content of the photograph or recording, promotes a
photograph or visual recording described by Subdivision (1). 

 (c)  Redesignated from text of existing Subsection (b).

(d)   Authorizes the actor to be prosecuted under this section, if the
conduct that constitutes an offense under this section also constitutes an
offense under any other law. 

SECTION 2.  Effective date: September 1, 2003.