HBA-AMW, EDN H.B. 265 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 265
By: Wise
Criminal Jurisprudence
3/16/2001
Introduced



BACKGROUND AND PURPOSE 

A "20/20" television program which aired on ABC on January 27, 1999, raised
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.   Currently, only a handful of states
prohibit this type of invasion of privacy.  House Bill 265 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 the
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. 

ANALYSIS

House Bill 265 amends the Penal Code to provide that a person commits a
state jail felony offense if the person visually records another by
videotape or other electronic means without the other person's consent and
with intent to arouse or gratify the sexual desire of any person.  The bill
also amends the Code of Criminal Procedure to provide that a conviction for
improper visual recording is defined as a "reportable conviction or
adjudication" for which a person is subject to registration as a sex
offender.  

EFFECTIVE DATE

September 1, 2001.