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78R7480 KEL-D

By:  Guillen                                                      H.B. No. 2696



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of improper photography 
or visual recording.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.15, Penal Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(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 such as a restroom or shower stall or 
changing or dressing room that is designed to provide privacy to a 
person at that location, 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].
	(c)  It is an affirmative defense to prosecution under this 
section that the photograph is taken or the visual recording is 
made:
		(1)  by correctional facility personnel for security 
purposes or during an investigation of alleged misconduct by a 
person in the custody of the correctional facility;
		(2)  for security purposes where notice of the use of 
photography or visual recording is clearly posted at the location 
described by Subsection (a); or
		(3)  by a law enforcement officer in connection with an 
otherwise lawful investigation.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003.  An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense was committed before that date.