BILL ANALYSIS

 

 

Senate Research Center

H.B. 2306

88R10679 JRR-D

By: Hefner (Middleton)

 

Criminal Justice

 

5/5/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current voyeurism laws are outdated and ill-equipped to combat wrongdoing enabled by modern technology. H.B. 2306 seeks to update current voyeurism laws to make it clear that observing through electronic means, such as with drones or hidden cameras, constitutes an offense.

 

H.B. 2306 amends the Penal Code to specify that, for purposes of the offense of voyeurism, the forms of observation of another person that constitute the offense include remote observation through the use of electronic means. The bill's provisions apply only to an offense committed on or after the bill's effective date.

 

H.B. 2306 amends current law relating to the prosecution of the criminal offense of voyeurism.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 21.17(a), Penal Code, to provide that a person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2023.