SRC-HRD H.B. 2283 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2283
By: Farrar (Shapiro)
Criminal Justice
5-16-97
Engrossed


DIGEST 

Sexual intercourse between inmates and staff, even though it may be
consensual, is considered by many to be a threat to the security of a
correctional institution.  Although any Texas Department of Criminal
Justice employee found to have engaged in sexual intercourse with an
inmate is subject to immediate termination of employment, there are
concerns that a stronger deterrent is needed. Furthermore, the nature of
the inmate/staff relationship has raised many doubts about the ability of
an inmate to give true and effective consent. Forced sexual relations
(sexual assault) by a public servant is currently a second degree felony,
and sexual harassment by a public servant is a Class A misdemeanor.

H.B. 2283 would make it a criminal offense (state jail felony) for an
employee of a correctional facility or a peace officer to have sex with an
individual in custody.                                                

PURPOSE

As proposed, H.B. 2283 provides that it is a criminal offense (state jail
felony) for an employee of a correctional facility or a peace officer to
have sex with an individual in custody.
RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 39.04, Penal Code, as follows:

Sec. 39.04.  New heading:  VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY.  Provides that
an official or employee of a correctional facility or a peace officer
commits a state jail felony if the official or employee intentionally
engages in sexual intercourse or deviate sexual intercourse with an
individual in custody.  Defines "sexual intercourse" and "deviate sexual
intercourse."  Makes conforming changes.  

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.