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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 invasive visual |
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recording. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 21.15, Penal Code, is |
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amended to read as follows: |
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Sec. 21.15. INVASIVE [IMPROPER PHOTOGRAPHY OR] VISUAL |
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RECORDING. |
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SECTION 2. Sections 21.15(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) In this section: |
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(1) "Female breast" means any portion of the female |
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breast below the top of the areola. |
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(2) "Intimate area" means the naked or clothed |
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genitals, pubic area, anus, buttocks, or female breast of a person. |
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(3) "Changing room" means a room or portioned area |
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provided for or primarily used for the changing of clothing and |
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includes dressing rooms, locker rooms, and swimwear changing areas. |
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(4) "Promote"[, "promote"] has the meaning assigned by |
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Section 43.21. |
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(b) A person commits an offense if, without the other |
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person's consent and with intent to invade the privacy of the other |
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person, the person: |
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(1) photographs or by videotape or other electronic |
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means records, broadcasts, or transmits a visual image of an |
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intimate area of another person if the other person has a reasonable |
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expectation that the intimate area is not subject to public view; |
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[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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in a bathroom or changing room [another at a location that is a
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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
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person; or
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[(ii)
arouse or gratify the sexual desire
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of any person]; or |
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(3) knowing the character and content of the |
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photograph, recording, broadcast, or transmission, promotes a |
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photograph, recording, broadcast, or transmission described by |
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Subdivision (1) or (2). |
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SECTION 3. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.451 to read as follows: |
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Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING. |
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(a) During the course of a criminal hearing or proceeding |
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concerning an offense under Section 21.15, Penal Code, the court |
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shall not make available or allow to be made available the copying |
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or dissemination to the public property or material that |
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constitutes or contains a visual image, as described by Section |
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21.15(b), Penal Code, that was seized by law enforcement based on a |
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reasonable suspicion that an offense under that subsection has been |
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committed. |
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(b) The court shall place property or material described by |
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Subsection (a) under seal of the court on the conclusion of the |
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hearing or proceeding. |
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(c) The attorney representing the state shall be provided |
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access to the property or material described by Subsection (a). In |
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the manner provided by Article 39.151, the defendant, the |
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defendant's attorney, and any individual the defendant seeks to |
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qualify to provide expert testimony at trial shall be provided |
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access to the property or material provided by Subsection (a). |
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(d) A court that places property or material described by |
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Subsection (a) under seal may issue an order lifting the seal on a |
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finding that the order is in the best interest of the public. |
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SECTION 4. Chapter 39, Code of Criminal Procedure, is |
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amended by adding Article 39.151 to read as follows: |
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Art. 39.151. DISCOVERY OF EVIDENCE DEPICTING INVASIVE |
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VISUAL RECORDING. (a) In the manner provided by this article, a |
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court shall allow discovery of property or material that |
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constitutes or contains a visual image, as described by Section |
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21.15(b), Penal Code, that was seized by law enforcement based on a |
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reasonable suspicion that an offense under that subsection has been |
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committed. |
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(b) Property or material described by Subsection (a) must |
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remain in the care, custody, or control of the court or the state as |
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provided by Article 38.451. |
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(c) A court shall deny any request by a defendant to copy, |
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photograph, duplicate, or otherwise reproduce any property or |
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material described by Subsection (a), provided that the state makes |
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the property or material reasonably available to the defendant. |
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(d) For purposes of Subsection (c), property or material is |
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considered to be reasonably available to the defendant if, at a |
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facility under the control of the state, the state provides ample |
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opportunity for the inspection, viewing, and examination of the |
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property or material by the defendant, the defendant's attorney, |
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and any individual the defendant seeks to qualify to provide expert |
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testimony at trial. |
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SECTION 5. 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 on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |