S.B. No. 1317 |
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relating to the prosecution of the offense of invasive visual | ||
recording. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 21.15, Penal Code, is | ||
amended to read as follows: | ||
Sec. 21.15. INVASIVE [ |
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RECORDING. | ||
SECTION 2. Sections 21.15(a) and (b), Penal Code, are | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "Female breast" means any portion of the female | ||
breast below the top of the areola. | ||
(2) "Intimate area" means the naked or clothed | ||
genitals, pubic area, anus, buttocks, or female breast of a person. | ||
(3) "Changing room" means a room or portioned area | ||
provided for or primarily used for the changing of clothing and | ||
includes dressing rooms, locker rooms, and swimwear changing areas. | ||
(4) "Promote"[ |
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Section 43.21. | ||
(b) A person commits an offense if, without the other | ||
person's consent and with intent to invade the privacy of the other | ||
person, the person: | ||
(1) photographs or by videotape or other electronic | ||
means records, broadcasts, or transmits a visual image of an | ||
intimate area of another person if the other person has a reasonable | ||
expectation that the intimate area is not subject to public view; | ||
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(2) photographs or by videotape or other electronic | ||
means records, broadcasts, or transmits a visual image of another | ||
in a bathroom or changing room [ |
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(3) knowing the character and content of the | ||
photograph, recording, broadcast, or transmission, promotes a | ||
photograph, recording, broadcast, or transmission described by | ||
Subdivision (1) or (2). | ||
SECTION 3. Chapter 38, Code of Criminal Procedure, is | ||
amended by adding Article 38.451 to read as follows: | ||
Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING | ||
OF CHILD. (a) During the course of a criminal hearing or | ||
proceeding concerning an offense under Section 21.15, Penal Code, | ||
that was committed against a child younger than 14 years of age, the | ||
court shall not make available or allow to be made available the | ||
copying or dissemination to the public property or material that | ||
constitutes or contains a visual image, as described by Section | ||
21.15(b), Penal Code, of a child younger than 14 years of age and | ||
that was seized by law enforcement based on a reasonable suspicion | ||
that an offense under that subsection has been committed. | ||
(b) The court shall place property or material described by | ||
Subsection (a) under seal of the court on the conclusion of the | ||
hearing or proceeding. | ||
(c) The attorney representing the state shall be provided | ||
access to the property or material described by Subsection (a). In | ||
the manner provided by Article 39.151, the defendant, the | ||
defendant's attorney, and any individual the defendant seeks to | ||
qualify to provide expert testimony at trial shall be provided | ||
access to the property or material provided by Subsection (a). | ||
(d) A court that places property or material described by | ||
Subsection (a) under seal may issue an order lifting the seal on a | ||
finding that the order is in the best interest of the public. | ||
SECTION 4. Chapter 39, Code of Criminal Procedure, is | ||
amended by adding Article 39.151 to read as follows: | ||
Art. 39.151. DISCOVERY OF EVIDENCE DEPICTING INVASIVE | ||
VISUAL RECORDING OF CHILD. (a) In the manner provided by this | ||
article, a court shall allow discovery of property or material that | ||
constitutes or contains a visual image, as described by Section | ||
21.15(b), Penal Code, of a child younger than 14 years of age and | ||
that was seized by law enforcement based on a reasonable suspicion | ||
that an offense under that subsection has been committed. | ||
(b) Property or material described by Subsection (a) must | ||
remain in the care, custody, or control of the court or the state as | ||
provided by Article 38.451. | ||
(c) A court shall deny any request by a defendant to copy, | ||
photograph, duplicate, or otherwise reproduce any property or | ||
material described by Subsection (a), provided that the state makes | ||
the property or material reasonably available to the defendant. | ||
(d) For purposes of Subsection (c), property or material is | ||
considered to be reasonably available to the defendant if, at a | ||
facility under the control of the state, the state provides ample | ||
opportunity for the inspection, viewing, and examination of the | ||
property or material by the defendant, the defendant's attorney, | ||
and any individual the defendant seeks to qualify to provide expert | ||
testimony at trial. | ||
SECTION 5. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1317 passed the Senate on | ||
May 7, 2015, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendment on May 30, 2015, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1317 passed the House, with | ||
amendment, on May 27, 2015, by the following vote: Yeas 144, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |