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By: Gattis, et al. (Senate Sponsor - Ogden) |
H.B. No. 1804 |
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(In the Senate - Received from the House April 26, 2007; |
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May 1, 2007, read first time and referred to Committee on Criminal |
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Justice; May 16, 2007, reported favorably by the following vote: |
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Yeas 7, Nays 0; May 16, 2007, sent to printer.) |
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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, broadcasts, or transmits a visual image |
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of another at a location that is not a bathroom or private dressing |
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room: |
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(A) without the other person's consent; and |
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(B) with intent to arouse or gratify the sexual |
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desire of any person; |
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(2) photographs or by videotape or other electronic |
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means records, broadcasts, or transmits a visual image of another |
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at a location that is a bathroom or private dressing room: |
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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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(3) [(2)] knowing the character and content of the |
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photograph, [or] recording, broadcast, or transmission, promotes a |
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photograph, [or visual] recording, broadcast, or transmission |
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described by Subdivision (1) or (2). |
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(e) For purposes of Subsection (b)(2), a sign or signs |
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posted indicating that the person is being photographed or that a |
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visual image of the person is being recorded, broadcast, or |
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transmitted is not sufficient to establish the person's consent |
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under that subdivision. |
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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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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |
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* * * * * |