Texas 2025 - 89th Regular

Texas House Bill HB1465 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R21647 JRR-F
2		-	By: Hickland, Bowers, Louderback, Gámez, H.B. No. 1465
3		-	Cook, et al.
4		-	Substitute the following for H.B. No. 1465:
5		-	By: Cook C.S.H.B. No. 1465
	1	+	By: Hickland H.B. No. 1465
6	2
7	3
8	4
9	5
10	6		A BILL TO BE ENTITLED
11	7		AN ACT
12	8		relating to the prosecution of the criminal offense of invasive
13	9		visual recording and the applicability of sex offender registration
14	10		requirements to that offense.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Article 62.001(5), Code of Criminal Procedure,
17	13		is amended to read as follows:
18	14		(5) "Reportable conviction or adjudication" means a
19	15		conviction or adjudication, including an adjudication of
20	16		delinquent conduct or a deferred adjudication, that, regardless of
21	17		the pendency of an appeal, is a conviction for or an adjudication
22	18		for or based on:
23	19		(A) a violation of Section 21.02 (Continuous
24	20		sexual abuse of young child or disabled individual), 21.09
25	21		(Bestiality), 21.11 (Indecency with a child), 21.15 (Invasive
26	22		visual recording), 22.011 (Sexual assault), 22.021 (Aggravated
27	23		sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;
28	24		(B) a violation of Section 43.04 (Aggravated
29	25		promotion of prostitution), 43.05 (Compelling prostitution), 43.25
30	26		(Sexual performance by a child), or 43.26 (Possession or promotion
31	27		of child pornography), Penal Code;
32	28		(B-1) a violation of Section 43.021
33	29		(Solicitation of Prostitution), Penal Code, if the offense is
34	30		punishable as a felony of the second degree;
35	31		(C) a violation of Section 20.04(a)(4)
36	32		(Aggravated kidnapping), Penal Code, if the actor committed the
37	33		offense or engaged in the conduct with intent to violate or abuse
38	34		the victim sexually;
39	35		(D) a violation of Section 30.02 (Burglary),
40	36		Penal Code, if the offense or conduct is punishable under
41	37		Subsection (d) of that section and the actor committed the offense
42	38		or engaged in the conduct with intent to commit a felony listed in
43	39		Paragraph (A) or (C);
44	40		(E) a violation of Section 20.02 (Unlawful
45	41		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
46	42		Penal Code, if, as applicable:
47	43		(i) the judgment in the case contains an
48	44		affirmative finding under Article 42.015; or
49	45		(ii) the order in the hearing or the papers
50	46		in the case contain an affirmative finding that the victim or
51	47		intended victim was younger than 17 years of age;
52	48		(F) the second violation of Section 21.08
53	49		(Indecent exposure), Penal Code, but not if the second violation
54	50		results in a deferred adjudication;
55	51		(G) an attempt, conspiracy, or solicitation, as
56	52		defined by Chapter 15, Penal Code, to commit an offense or engage in
57	53		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
58	54		(H) a violation of the laws of another state,
59	55		federal law, the laws of a foreign country, or the Uniform Code of
60	56		Military Justice for or based on the violation of an offense
61	57		containing elements that are substantially similar to the elements
62	58		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
63	59		(G), (J), (K), or (L), but not if the violation results in a
64	60		deferred adjudication;
65	61		(I) the second violation of the laws of another
66	62		state, federal law, the laws of a foreign country, or the Uniform
67	63		Code of Military Justice for or based on the violation of an offense
68	64		containing elements that are substantially similar to the elements
69	65		of the offense of indecent exposure, but not if the second violation
70	66		results in a deferred adjudication;
71	67		(J) a violation of Section 33.021 (Online
72	68		solicitation of a minor), Penal Code;
73	69		(K) a violation of Section 20A.02(a)(3), (4),
74	70		(7), or (8) (Trafficking of persons), Penal Code; or
75	71		(L) a violation of Section 20A.03 (Continuous
76	72		trafficking of persons), Penal Code, if the offense is based partly
77	73		or wholly on conduct that constitutes an offense under Section
78	74		20A.02(a)(3), (4), (7), or (8) of that code.
79	75		SECTION 2. Section 21.15(a), Penal Code, is amended by
80	76		adding Subdivision (3-a) to read as follows:
81	77		(3-a) "Place in which a person has a reasonable
82	78		expectation of privacy" means a place in which a reasonable person
83	79		would believe that the person could disrobe in privacy, without
84	80		being concerned that the act of undressing would be photographed or
85	81		visually recorded by another or that a visual image of the person
86	82		undressing would be broadcasted or transmitted by another. The
87		-	term includes a bathroom~~, bedroom,~~ and changing room.
	83	+	term includes a bathroom and changing room.
88	84		SECTION 3. Section 21.15(b), Penal Code, is amended to read
89	85		as follows:
90	86		(b) A person commits an offense if, without the other
91	87		person's consent and with intent to invade the privacy of the other
92	88		person, the person:
93	89		(1) photographs or by videotape or other electronic
94	90		means records, broadcasts, or transmits a visual image of an
95	91		intimate area of another person if the other person has a reasonable
96	92		expectation that the intimate area is not subject to public view;
97	93		(2) photographs or by videotape or other electronic
98	94		means records, broadcasts, or transmits a visual image of another
99	95		person in a place in which a person has a reasonable expectation of
100	96		privacy [bathroom or changing room]; or
101	97		(3) knowing the character and content of the
102	98		photograph, recording, broadcast, or transmission, promotes a
103	99		photograph, recording, broadcast, or transmission described by
104	100		Subdivision (1) or (2).
105	101		SECTION 4. The changes in law made by this Act apply only to
106	102		an offense committed on or after the effective date of this Act. An
107	103		offense committed before the effective date of this Act is governed
108	104		by the law in effect on the date the offense was committed, and the
109	105		former law is continued in effect for that purpose. For purposes of
110	106		this section, an offense was committed before the effective date of
111	107		this Act if any element of the offense was committed before that
112	108		date.
113	109		SECTION 5. This Act takes effect September 1, 2025.