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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of improper photography |
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or visual recording. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.15, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) A person commits an offense if the person: |
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(1) photographs or by videotape or other electronic |
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means visually records another identifiable person at a location, |
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including a bathroom and dressing room, where the other person has a |
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reasonable expectation of privacy and the photograph is taken or |
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the recording is made: |
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(A) without the other person's consent; and |
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(B) with intent to: |
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(i) invade the privacy of the other person; |
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or |
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(ii) arouse or gratify the sexual desire of |
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any person; or |
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(2) knowing the character and content of the |
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photograph or recording, promotes a photograph or visual recording |
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described by Subdivision (1). |
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(e) For purposes of this section, a sign or signs posted at a |
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location where a person has a reasonable expectation of privacy |
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indicating that the person is being photographed or recorded is not |
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sufficient to establish the person's consent under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before the effective |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |