By: Reynolds, et al. (Senate Sponsor - Miles) H.B. No. 3157
         (In the Senate - Received from the House May 17, 2021;
  May 17, 2021, read first time and referred to Committee on Criminal
  Justice; May 22, 2021, reported favorably by the following vote:  
  Yeas 7, Nays 0; May 22, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the criminal offenses of violation of civil rights of
  and improper sexual activity with persons in custody; increasing a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 39.04(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  An official of a correctional facility or juvenile
  facility, an employee of a correctional facility or juvenile
  facility, a person other than an employee who works for
  compensation at a correctional facility or juvenile facility, a
  volunteer at a correctional facility or juvenile facility, or a
  peace officer commits an offense if the person intentionally:
               (1)  denies or impedes a person in custody in the
  exercise or enjoyment of any right, privilege, or immunity [knowing
  his conduct is unlawful]; or
               (2)  engages in sexual contact, sexual intercourse, or
  deviate sexual intercourse with an individual in custody or, in the
  case of an individual in the custody of the Texas Juvenile Justice
  Department or placed in a juvenile facility, employs, authorizes,
  or induces the individual to engage in sexual conduct or a sexual
  performance.
         (b)  An offense under Subsection (a)(1) is a felony of the
  third degree [Class A misdemeanor]. An offense under Subsection
  (a)(2) is a [state jail] felony of the second degree, except that an
  offense under Subsection (a)(2) is a felony of the first [second]
  degree if the offense is committed against:
               (1)  an individual in the custody of the Texas Juvenile
  Justice Department or placed in a juvenile facility; or
               (2)  a juvenile offender detained in or committed to a
  correctional facility.
         SECTION 2.  The change in law made by this Act applies 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 occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2021.
 
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