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

 1-6     follows:

 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

1-24     death.

 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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2283 was passed by the House on May

         10, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2283 was passed by the Senate on May

         24, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor