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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of improper photography or |
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visual recording of certain identifying information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.515 to read as follows: |
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Sec. 32.515. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING OF |
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CERTAIN IDENTIFYING INFORMATION. (a) In this section: |
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(1) "Identifying information" has the meaning |
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assigned by Section 32.51. |
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(2) "Payment card" has the meaning assigned by Section |
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522.001, Business & Commerce Code. |
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(b) A person commits an offense if the person, knowing that |
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the person is not entitled to possess that information: |
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(1) photographs or by videotape or other electronic |
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means records or captures identifying information contained on the |
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face of a sight order or payment card; or |
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(2) transfers to a third party information |
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photographed, recorded, or captured as described by Subdivision |
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(1). |
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(c) An offense under Subsection (b)(1) is a Class B |
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misdemeanor. An offense under Subsection (b)(2) is a Class A |
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misdemeanor. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.295 to read as follows: |
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Art. 2.295. REPORT REQUIRED IN CONNECTION WITH IMPROPER |
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PHOTOGRAPHY OR VISUAL RECORDING OF CERTAIN IDENTIFYING |
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INFORMATION. (a) A peace officer to whom an alleged violation of |
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Section 32.515, Penal Code, is reported shall make a written report |
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to the law enforcement agency that employs the peace officer that |
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includes the following information: |
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(1) the name of the victim; |
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(2) the name of the suspect, if known; |
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(3) the type of identifying information photographed, |
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recorded, captured, or transferred in violation of Section 32.515, |
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Penal Code; and |
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(4) the results of any investigation. |
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(b) On the victim's request, the law enforcement agency |
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shall provide the report created under Subsection (a) to the |
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victim. In providing the report, the law enforcement agency shall |
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redact any otherwise confidential information that is included in |
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the report, other than the information described by Subsection (a). |
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SECTION 3. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.295 to read as follows: |
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Art. 13.295. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING OF |
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CERTAIN IDENTIFYING INFORMATION. An offense under Section 32.515, |
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Penal Code, may be prosecuted in any county in which the offense was |
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committed or in the county of residence of the person whose |
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identifying information was unlawfully photographed, recorded, |
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captured, or transferred. |
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SECTION 4. This Act takes effect September 1, 2011. |