Bill Text: TX HB1200 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of the offense of improper photography or visual recording of certain identifying information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-19 - No action taken in committee [HB1200 Detail]
Download: Texas-2011-HB1200-Introduced.html
| 82R5806 MAW-D | ||
| By: McClendon | H.B. No. 1200 | |
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| relating to the creation of the offense of improper photography or | ||
| visual recording of certain identifying information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended | ||
| by adding Section 32.515 to read as follows: | ||
| Sec. 32.515. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING OF | ||
| CERTAIN IDENTIFYING INFORMATION. (a) In this section: | ||
| (1) "Identifying information" has the meaning | ||
| assigned by Section 32.51. | ||
| (2) "Payment card" has the meaning assigned by Section | ||
| 522.001, Business & Commerce Code. | ||
| (b) A person commits an offense if the person, knowing that | ||
| the person is not entitled to possess that information: | ||
| (1) photographs or by videotape or other electronic | ||
| means records or captures identifying information contained on the | ||
| face of a sight order or payment card; or | ||
| (2) transfers to a third party information | ||
| photographed, recorded, or captured as described by Subdivision | ||
| (1). | ||
| (c) An offense under Subsection (b)(1) is a Class B | ||
| misdemeanor. An offense under Subsection (b)(2) is a Class A | ||
| misdemeanor. | ||
| (d) If conduct that constitutes an offense under this | ||
| section also constitutes an offense under any other law, the actor | ||
| may be prosecuted under this section or the other law. | ||
| SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.295 to read as follows: | ||
| Art. 2.295. REPORT REQUIRED IN CONNECTION WITH IMPROPER | ||
| PHOTOGRAPHY OR VISUAL RECORDING OF CERTAIN IDENTIFYING | ||
| INFORMATION. (a) A peace officer to whom an alleged violation of | ||
| Section 32.515, Penal Code, is reported shall make a written report | ||
| to the law enforcement agency that employs the peace officer that | ||
| includes the following information: | ||
| (1) the name of the victim; | ||
| (2) the name of the suspect, if known; | ||
| (3) the type of identifying information photographed, | ||
| recorded, captured, or transferred in violation of Section 32.515, | ||
| Penal Code; and | ||
| (4) the results of any investigation. | ||
| (b) On the victim's request, the law enforcement agency | ||
| shall provide the report created under Subsection (a) to the | ||
| victim. In providing the report, the law enforcement agency shall | ||
| redact any otherwise confidential information that is included in | ||
| the report, other than the information described by Subsection (a). | ||
| SECTION 3. Chapter 13, Code of Criminal Procedure, is | ||
| amended by adding Article 13.295 to read as follows: | ||
| Art. 13.295. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING OF | ||
| CERTAIN IDENTIFYING INFORMATION. An offense under Section 32.515, | ||
| Penal Code, may be prosecuted in any county in which the offense was | ||
| committed or in the county of residence of the person whose | ||
| identifying information was unlawfully photographed, recorded, | ||
| captured, or transferred. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
