82R5806 MAW-D
By: McClendon H.B. No. 1200
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of improper photography or
visual recording of certain identifying information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
by adding Section 32.515 to read as follows:
Sec. 32.515. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING OF
CERTAIN IDENTIFYING INFORMATION. (a) In this section:
(1) "Identifying information" has the meaning
assigned by Section 32.51.
(2) "Payment card" has the meaning assigned by Section
522.001, Business & Commerce Code.
(b) A person commits an offense if the person, knowing that
the person is not entitled to possess that information:
(1) photographs or by videotape or other electronic
means records or captures identifying information contained on the
face of a sight order or payment card; or
(2) transfers to a third party information
photographed, recorded, or captured as described by Subdivision
(1).
(c) An offense under Subsection (b)(1) is a Class B
misdemeanor. An offense under Subsection (b)(2) is a Class A
misdemeanor.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.295 to read as follows:
Art. 2.295. REPORT REQUIRED IN CONNECTION WITH IMPROPER
PHOTOGRAPHY OR VISUAL RECORDING OF CERTAIN IDENTIFYING
INFORMATION. (a) A peace officer to whom an alleged violation of
Section 32.515, Penal Code, is reported shall make a written report
to the law enforcement agency that employs the peace officer that
includes the following information:
(1) the name of the victim;
(2) the name of the suspect, if known;
(3) the type of identifying information photographed,
recorded, captured, or transferred in violation of Section 32.515,
Penal Code; and
(4) the results of any investigation.
(b) On the victim's request, the law enforcement agency
shall provide the report created under Subsection (a) to the
victim. In providing the report, the law enforcement agency shall
redact any otherwise confidential information that is included in
the report, other than the information described by Subsection (a).
SECTION 3. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.295 to read as follows:
Art. 13.295. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING OF
CERTAIN IDENTIFYING INFORMATION. An offense under Section 32.515,
Penal Code, may be prosecuted in any county in which the offense was
committed or in the county of residence of the person whose
identifying information was unlawfully photographed, recorded,
captured, or transferred.
SECTION 4. This Act takes effect September 1, 2011.