HBA-AMW H.B. 1040 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1040
By: Clark
Criminal Jurisprudence
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

Throughout the country there have been cases in which cameras have been
hidden to secretly tape individuals. These tapes are sold to other
individuals for their gratification or broadcast on Internet websites.
Although current law prohibits the unauthorized recording of another
person, it does not prohibit the unauthorized video recording of another
which is made without recording audio.  This loophole in current law makes
it difficult to prosecute a person who illicitly photographs or makes a
video recording of a person dressing or undressing.  House Bill 1040
prohibits a person from photographing, videotaping, or using any other
electronic means to visually record another without the consent of the
other 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. 

ANALYSIS

House Bill 1040 amends the Penal Code to provide that a person commits a
state jail felony if the person photographs or by videotape or other
electronic means visually records another person who is at a location where
the other person has a reasonable expectation of privacy and the photograph
is taken or the recording is made without the other person's consent.  The
bill also provides that it is an affirmative defense to prosecution that
the photograph is taken or the visual recording is made by correctional
facility personnel for security purposes or during an investigation of
alleged misconduct by a person in the custody of the correctional facility,
for security purposes where notice of the use of photography or visual
recording is clearly posted at the location where the other person has a
reasonable expectation of privacy, or by a law enforcement officer in
connection with an otherwise lawful investigation. 

EFFECTIVE DATE

September 1, 2001.