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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal offenses of violation of civil rights of |
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and improper sexual activity with persons in custody; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 39.04(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) An official of a correctional facility or juvenile |
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facility, an employee of a correctional facility or juvenile |
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facility, a person other than an employee who works for |
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compensation at a correctional facility or juvenile facility, a |
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volunteer at a correctional facility or juvenile facility, or a |
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peace officer commits an offense if the person intentionally: |
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(1) denies or impedes a person in custody in the |
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exercise or enjoyment of any right, privilege, or immunity [knowing |
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his conduct is unlawful]; or |
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(2) engages in sexual contact, sexual intercourse, or |
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deviate sexual intercourse with an individual in custody or, in the |
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case of an individual in the custody of the Texas Juvenile Justice |
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Department or placed in a juvenile facility, employs, authorizes, |
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or induces the individual to engage in sexual conduct or a sexual |
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performance. |
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(b) An offense under Subsection (a)(1) is a felony of the |
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third degree [Class A misdemeanor]. An offense under Subsection |
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(a)(2) is a [state jail] felony of the second degree, except that an |
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offense under Subsection (a)(2) is a felony of the first [second] |
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degree if the offense is committed against: |
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(1) an individual in the custody of the Texas Juvenile |
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Justice Department or placed in a juvenile facility; or |
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(2) a juvenile offender detained in or committed to a |
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correctional facility. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |