89R21647 JRR-F     By: Hickland, Bowers, Louderback, Gámez, H.B. No. 1465       Cook, et al.       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the criminal offense of invasive   visual recording and the applicability of sex offender registration   requirements to that offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 62.001(5), Code of Criminal Procedure,   is amended to read as follows:                (5)  "Reportable conviction or adjudication" means a   conviction or adjudication, including an adjudication of   delinquent conduct or a deferred adjudication, that, regardless of   the pendency of an appeal, is a conviction for or an adjudication   for or based on:                      (A)  a violation of Section 21.02 (Continuous   sexual abuse of young child or disabled individual), 21.09   (Bestiality), 21.11 (Indecency with a child), 21.15 (Invasive   visual recording), 22.011 (Sexual assault), 22.021 (Aggravated   sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;                      (B)  a violation of Section 43.04 (Aggravated   promotion of prostitution), 43.05 (Compelling prostitution), 43.25   (Sexual performance by a child), or 43.26 (Possession or promotion   of child pornography), Penal Code;                      (B-1)  a violation of Section 43.021   (Solicitation of Prostitution), Penal Code, if the offense is   punishable as a felony of the second degree;                      (C)  a violation of Section 20.04(a)(4)   (Aggravated kidnapping), Penal Code, if the actor committed the   offense or engaged in the conduct with intent to violate or abuse   the victim sexually;                      (D)  a violation of Section 30.02 (Burglary),   Penal Code, if the offense or conduct is punishable under   Subsection (d) of that section and the actor committed the offense   or engaged in the conduct with intent to commit a felony listed in   Paragraph (A) or (C);                      (E)  a violation of Section 20.02 (Unlawful   restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),   Penal Code, if, as applicable:                            (i)  the judgment in the case contains an   affirmative finding under Article 42.015; or                            (ii)  the order in the hearing or the papers   in the case contain an affirmative finding that the victim or   intended victim was younger than 17 years of age;                      (F)  the second violation of Section 21.08   (Indecent exposure), Penal Code, but not if the second violation   results in a deferred adjudication;                      (G)  an attempt, conspiracy, or solicitation, as   defined by Chapter 15, Penal Code, to commit an offense or engage in   conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);                      (H)  a violation of the laws of another state,   federal law, the laws of a foreign country, or the Uniform Code of   Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),   (G), (J), (K), or (L), but not if the violation results in a   deferred adjudication;                      (I)  the second violation of the laws of another   state, federal law, the laws of a foreign country, or the Uniform   Code of Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of the offense of indecent exposure, but not if the second violation   results in a deferred adjudication;                      (J)  a violation of Section 33.021 (Online   solicitation of a minor), Penal Code;                      (K)  a violation of Section 20A.02(a)(3), (4),   (7), or (8) (Trafficking of persons), Penal Code; or                      (L)  a violation of Section 20A.03 (Continuous   trafficking of persons), Penal Code, if the offense is based partly   or wholly on conduct that constitutes an offense under Section   20A.02(a)(3), (4), (7), or (8) of that code.          SECTION 2.  Section 21.15(a), Penal Code, is amended by   adding Subdivision (3-a) to read as follows:                (3-a)  "Place in which a person has a reasonable   expectation of privacy" means a place in which a reasonable person   would believe that the person could disrobe in privacy, without   being concerned that the act of undressing would be photographed or   visually recorded by another or that a visual image of the person   undressing would be broadcasted or transmitted by another. The   term includes a bathroom, bedroom, and changing room.          SECTION 3.  Section 21.15(b), Penal Code, is amended to read   as follows:          (b)  A person commits an offense if, without the other   person's consent and with intent to invade the privacy of the other   person, the person:                (1)  photographs or by videotape or other electronic   means records, broadcasts, or transmits a visual image of an   intimate area of another person if the other person has a reasonable   expectation that the intimate area is not subject to public view;                (2)  photographs or by videotape or other electronic   means records, broadcasts, or transmits a visual image of another   person in a place in which a person has a reasonable expectation of   privacy [bathroom or changing room]; or                (3)  knowing the character and content of the   photograph, recording, broadcast, or transmission, promotes a   photograph, recording, broadcast, or transmission described by   Subdivision (1) or (2).          SECTION 4.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense was committed before that   date.          SECTION 5.  This Act takes effect September 1, 2025.