By Farrar H.B. No. 2283
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an offense prohibiting sexual activity
1-3 between certain public servants and persons in custody.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 39.04, Penal Code, is amended to read as
1-7 Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
1-8 CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY. (a) An
1-9 official or employee of a correctional facility or a peace officer
1-10 commits an offense if he intentionally:
1-11 (1) denies or impedes a person in custody in the
1-12 exercise or enjoyment of any right, privilege, or immunity knowing
1-13 his conduct is unlawful; or
1-14 (2) engages in sexual intercourse or deviate sexual
1-15 intercourse with an individual in custody.
1-16 (b) An offense under Subsection (a)(1) [
this section] is a
1-17 Class A misdemeanor. An offense under Subsection (a)(2) is a state
1-18 jail felony.
1-19 (c) This section shall not preclude prosecution for any
1-20 other offense set out in this code.
1-21 (d) The Attorney General of Texas shall have concurrent
1-22 jurisdiction with law enforcement agencies to investigate
1-23 violations of this statute involving serious bodily injury or
2-1 (e) In this section:
2-2 (1) "Custody"[ , "custody"] means the detention,
2-3 arrest, or confinement of a person.
2-4 (2) "Sexual intercourse" and "deviate sexual
2-5 intercourse" have the meanings assigned by Section 21.01.
2-6 SECTION 2. This Act takes effect September 1, 1997.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.