BILL ANALYSIS C.S.H.B. 1465 By: Hickland Criminal Jurisprudence Committee Report (Substituted) BACKGROUND AND PURPOSE Actions constituting the offense of invasive visual recording, which is a state jail felony under current law, violate an individual's privacy and expectation of privacy. The bill author has informed the committee that this crime is a crime of sexual nature and should be treated as such; however, individuals convicted of this crime currently are not required to register as a sex offender. C.S.H.B. 1465 aims to provide further protections for victims of this crime by broadening the locations at which certain conduct constitutes the offense of invasive visual recording to include places in which a person has a reasonable expectation of privacy and requiring an individual convicted of this offense to register as a sex offender. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1465 amends the Penal Code to broaden the conduct that constitutes the offense of invasive visual recording by changing from a bathroom or changing room to a place in which a person has a reasonable expectation of privacy the location in which photographing or by videotape or other electronic means recording, broadcasting, or transmitting a visual image of another person without that person's consent and with intent to invade their privacy constitutes the offense. The bill defines "place in which a person has a reasonable expectation of privacy" as a place, including a bathroom, bedroom, or changing room, in which a reasonable person would believe that the person could disrobe in privacy, without being concerned that the act of undressing would be photographed or visually recorded by another or that a visual image of the person undressing would be broadcasted or transmitted by another. C.S.H.B. 1465 amends the Code of Criminal Procedure to make a conviction or adjudication of invasive visual recording, including an adjudication of delinquent conduct or a deferred adjudication and regardless of the pendency of an appeal, a reportable conviction or adjudication for which a person is required to register under the sex offender registration program. C.S.H.B. 1465 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1465 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and the substitute specify that the term "place in which a person has a reasonable expectation of privacy" includes a bathroom and a changing room, the substitute additionally specifies that the term includes a bedroom, whereas the introduced did not.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 1465
By: Hickland
Criminal Jurisprudence
Committee Report (Substituted)
C.S.H.B. 1465
By: Hickland
Criminal Jurisprudence
Committee Report (Substituted)
BACKGROUND AND PURPOSE Actions constituting the offense of invasive visual recording, which is a state jail felony under current law, violate an individual's privacy and expectation of privacy. The bill author has informed the committee that this crime is a crime of sexual nature and should be treated as such; however, individuals convicted of this crime currently are not required to register as a sex offender. C.S.H.B. 1465 aims to provide further protections for victims of this crime by broadening the locations at which certain conduct constitutes the offense of invasive visual recording to include places in which a person has a reasonable expectation of privacy and requiring an individual convicted of this offense to register as a sex offender.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 1465 amends the Penal Code to broaden the conduct that constitutes the offense of invasive visual recording by changing from a bathroom or changing room to a place in which a person has a reasonable expectation of privacy the location in which photographing or by videotape or other electronic means recording, broadcasting, or transmitting a visual image of another person without that person's consent and with intent to invade their privacy constitutes the offense. The bill defines "place in which a person has a reasonable expectation of privacy" as a place, including a bathroom, bedroom, or changing room, in which a reasonable person would believe that the person could disrobe in privacy, without being concerned that the act of undressing would be photographed or visually recorded by another or that a visual image of the person undressing would be broadcasted or transmitted by another. C.S.H.B. 1465 amends the Code of Criminal Procedure to make a conviction or adjudication of invasive visual recording, including an adjudication of delinquent conduct or a deferred adjudication and regardless of the pendency of an appeal, a reportable conviction or adjudication for which a person is required to register under the sex offender registration program. C.S.H.B. 1465 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1465 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and the substitute specify that the term "place in which a person has a reasonable expectation of privacy" includes a bathroom and a changing room, the substitute additionally specifies that the term includes a bedroom, whereas the introduced did not.
BACKGROUND AND PURPOSE
Actions constituting the offense of invasive visual recording, which is a state jail felony under current law, violate an individual's privacy and expectation of privacy. The bill author has informed the committee that this crime is a crime of sexual nature and should be treated as such; however, individuals convicted of this crime currently are not required to register as a sex offender. C.S.H.B. 1465 aims to provide further protections for victims of this crime by broadening the locations at which certain conduct constitutes the offense of invasive visual recording to include places in which a person has a reasonable expectation of privacy and requiring an individual convicted of this offense to register as a sex offender.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 1465 amends the Penal Code to broaden the conduct that constitutes the offense of invasive visual recording by changing from a bathroom or changing room to a place in which a person has a reasonable expectation of privacy the location in which photographing or by videotape or other electronic means recording, broadcasting, or transmitting a visual image of another person without that person's consent and with intent to invade their privacy constitutes the offense. The bill defines "place in which a person has a reasonable expectation of privacy" as a place, including a bathroom, bedroom, or changing room, in which a reasonable person would believe that the person could disrobe in privacy, without being concerned that the act of undressing would be photographed or visually recorded by another or that a visual image of the person undressing would be broadcasted or transmitted by another.
C.S.H.B. 1465 amends the Code of Criminal Procedure to make a conviction or adjudication of invasive visual recording, including an adjudication of delinquent conduct or a deferred adjudication and regardless of the pendency of an appeal, a reportable conviction or adjudication for which a person is required to register under the sex offender registration program.
C.S.H.B. 1465 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 1465 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
While both the introduced and the substitute specify that the term "place in which a person has a reasonable expectation of privacy" includes a bathroom and a changing room, the substitute additionally specifies that the term includes a bedroom, whereas the introduced did not.