Texas House Bill HB147

Texas 2015 - 84th Regular

• Filed: 11/10/14

Caption

Relating to the prosecution of the offense of improper photography or visual recording.

Impact

If enacted, HB 147 will amend sections 21.15(a) and (b) of the Penal Code, which deals with improper visual recording. The changes specifically highlight the severity of photographing or recording someone's intimate areas without their consent and broaden the understanding of privacy expectations. These amendments could lead to a significant increase in prosecutions for privacy invasions, thereby reinforcing the protections afforded to individuals in private spaces. It also reiterates the importance of consent in such sensitive matters.

Summary

House Bill 147 aims to address the offense of improper photography or visual recording. The bill defines key terms related to privacy and consent, particularly focusing on the 'intimate area' of an individual and circumstances under which a reasonable expectation of privacy exists. It seeks to enhance the legal framework surrounding privacy by tightening the definitions and clarifications regarding what constitutes an improper recording. This introduces legal consequences for individuals who invade another person's privacy in such a manner without consent.

Contention

The bill may prompt discussions regarding the balance between the right to privacy and issues surrounding freedom of expression. Supporters of the bill advocate for stronger protections against privacy invasions, while opponents may raise concerns about potential overreach that could unintentionally criminalize certain expressions or behaviors within public and artistic spaces. The nuances of defining 'reasonable expectation of privacy' may also lead to differing interpretations in courts, causing potential legal contention.

Notable_points

HB 147 stresses that the law will apply only to offenses committed after the effective date of the Act, thus ensuring that any actions taken prior to this amendment will be governed by the previous statutes. This presents a transitional legal framework that acknowledges the importance of addressing existing cases under the laws that were in effect at that time.