By: Menéndez S.B. No. 1317
(Miller of Comal)
A BILL TO BE ENTITLED
AN ACT
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 [IMPROPER PHOTOGRAPHY OR] VISUAL
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"[, "promote"] has the meaning assigned by
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;
[another at a location that is not a bathroom or private dressing
room:
[(A) without the other person's consent; and
[(B) with intent to arouse or gratify the sexual
desire of any person;]
(2) photographs or by videotape or other electronic
means records, broadcasts, or transmits a visual image of another
in a bathroom or changing room [another at a location that is a
bathroom or private dressing room:
[(A) without the other person's consent; and
[(B) with intent to:
[(i) invade the privacy of the other
person; or
[(ii) arouse or gratify the sexual desire
of any person]; or
(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.
(a) During the course of a criminal hearing or proceeding
concerning an offense under Section 21.15, Penal Code, 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, 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. (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, 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.