By:  Wise                                                         H.B. No. 138



A BILL TO BE ENTITLED

AN ACT

relating to the creation of an offense prohibiting the covert 
photography or visual recording of another for an improper sexual 
purpose and to certain consequences on conviction of that offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Chapter 21, Penal Code, is amended by adding 
Section 21.15 to read as follows:
	Sec. 21.15.  IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a)  
A person commits an offense if the person photographs or by 
videotape or other electronic means visually records another person 
who is in a location, either public or private, where the other 
person has a reasonable expectation of not being photographed or 
visually recorded and the photograph is taken or the recording is 
made:
		(1)  without the other person's consent; and                           
		(2)  with intent to arouse or gratify the sexual desire 
of any person.
	(b)  An offense under this section is a state jail felony.              
	SECTION 2.   Article 62.01(5), Code of Criminal Procedure, 
is amended to read as follows:
		(5)  "Reportable conviction or adjudication" means a 
conviction or adjudication, regardless of the pendency of an 
appeal, that is:
			(A)  a conviction for a violation of Section 21.11 
(Indecency with a child), 22.011 (Sexual assault), 22.021 
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), 
Penal Code;
			(B)  a conviction for a violation of Section 43.05 
(Compelling prostitution), 43.25 (Sexual performance by a child), 
or 43.26 (Possession or promotion of child pornography), Penal 
Code;
			(C)  a conviction for a violation of Section 
20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant 
committed the offense with intent to violate or abuse the victim 
sexually;
			(D)  a conviction for a violation of Section 30.02 
(Burglary), Penal Code, if the offense is punishable under 
Subsection (d) of that section and the defendant committed the 
offense with intent to commit a felony listed in Paragraph (A) or 
(C);
			(E)  a conviction for a violation of Section 20.02 
(Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated 
kidnapping), Penal Code, if the judgment in the case contains an 
affirmative finding under Article 42.015;
			(F)  the second conviction for a violation of 
Section 21.08 (Indecent exposure), Penal Code;
			(G)  a conviction for an attempt, conspiracy, or 
solicitation, as defined by Chapter 15, Penal Code, to commit an 
offense listed in Paragraph (A), (B), (C), (D), or (E);
			(H)  an adjudication of delinquent conduct:                                  
				(i)  based on a violation of one of the 
offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the 
order in the hearing contains an affirmative finding that the 
victim or intended victim was younger than 17 years of age, one of 
the offenses listed in Paragraph (E); or
				(ii)  for which two violations of the 
offense listed in Paragraph (F) are shown;
			(I)  a deferred adjudication for an offense listed 
in:                     
				(i)  Paragraph (A), (B), (C), (D), or (G); or                               
				(ii)  Paragraph (E) if the papers in the case 
contain an affirmative finding that the victim or intended victim 
was younger than 17 years of age;
			(J)  a conviction under the laws of another state, 
federal law, or the Uniform Code of Military Justice for an offense 
containing elements that are substantially similar to the elements 
of an offense listed under Paragraph (A), (B), (C), (D), (E), or 
(G);
			(K)  an adjudication of delinquent conduct under 
the laws of another state or federal law based on a violation of an 
offense containing elements that are substantially similar to the 
elements of an offense listed under Paragraph (A), (B), (C), (D), 
(E), or (G);
			(L)  the second conviction under the laws of 
another state, federal law, or the Uniform Code of Military Justice 
for an offense containing elements that are substantially similar 
to the elements of the offense of indecent exposure; [or]
			(M)  the second adjudication of delinquent 
conduct under the laws of another state or federal law based on a 
violation of an offense containing elements that are substantially 
similar to the elements of the offense of indecent exposure; or
			(N)  a conviction for a violation of Section 
21.15, Penal Code.     
	SECTION 3.   This Act takes effect September 1, 2003.