ACM H.B. 2283 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2283
By: Farrar
5-1-97
Committee Report (Unamended)



BACKGROUND 

Sexual intercourse between inmates and staff, even though it may be
consensual, is a threat to the security of a correctional institution.
Although any TDCJ employee found to have engaged in sexual intercourse
with an inmate is subject to immediate termination of employment, a
stronger deterrent is needed.  Furthermore, the nature of the inmate/staff
relationship raises 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 2nd degree felony, and sexual harassment by a
public servant is a Class A misdemeanor. 

PURPOSE

HB 2283, as proposed, 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. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 39.04, Penal Code, to provide that an official
or employee of a correctional facility or a peace officer commits an
offense if he intentionally engages is sexual intercourse or deviate
sexual intercourse with a person in custody.  Provides that this offense
is a state jail felony.  Provides that the terms "sexual intercourse" and
"deviate sexual intercourse" have the meanings assigned by Section 21.01,
Penal Code. 

SECTION 2.  Effective date: September 1, 1997.

SECTION 3.  Emergency Clause.