HBA-KMH H.B. 2047 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2047
By: Wise
Criminal Jurisprudence
4/29/1999
Introduced



BACKGROUND AND PURPOSE 

A "20/20" television program which aired on ABC on January 27, 1999, raised
significant concerns about a new type of invasion of privacy.  A video
voyeur or "peeping tom" can now secretly watch another person's every move,
even in the other person's own home, through the use of modern technology
without the slightest suspicion being raised.   This type of invasion of
privacy is not yet against the law in all states. 

H.B. 2047 provides that it is a state jail felony if by videotape or other
electronic means a person visually records another without the other
person's consent and with intent to arouse or gratify the sexual desire of
any person. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21, Penal Code, by adding Section 21.15, as
follows: 

Sec.  21.15.  IMPROPER VISUAL RECORDING.  Provides that it is a state jail
felony if by videotape or other electronic means a person visually records
another without the other person's consent and with intent to arouse or
gratify the sexual desire of any person. 

SECTION 2.  Amends Article 62.01(5), Code of Criminal Procedure, to
redefine "reportable conviction or adjudication" to include a conviction of
a violation of Section 21.15, Penal Code. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.