1-1 By: Farrar (Senate Sponsor - Shapiro) H.B. No. 2283
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on Criminal
1-4 Justice; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of an offense prohibiting sexual activity
1-9 between certain public servants and persons in custody.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 39.04, Penal Code, is amended to read as
1-12 follows:
1-13 Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
1-14 CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY. (a) An
1-15 official or employee of a correctional facility or a peace officer
1-16 commits an offense if he intentionally:
1-17 (1) denies or impedes a person in custody in the
1-18 exercise or enjoyment of any right, privilege, or immunity knowing
1-19 his conduct is unlawful; or
1-20 (2) engages in sexual intercourse or deviate sexual
1-21 intercourse with an individual in custody.
1-22 (b) An offense under Subsection (a)(1) [this section] is a
1-23 Class A misdemeanor. An offense under Subsection (a)(2) is a state
1-24 jail felony.
1-25 (c) This section shall not preclude prosecution for any
1-26 other offense set out in this code.
1-27 (d) The Attorney General of Texas shall have concurrent
1-28 jurisdiction with law enforcement agencies to investigate
1-29 violations of this statute involving serious bodily injury or
1-30 death.
1-31 (e) In this section:
1-32 (1) "Custody"[, "custody"] means the detention,
1-33 arrest, or confinement of a person.
1-34 (2) "Sexual intercourse" and "deviate sexual
1-35 intercourse" have the meanings assigned by Section 21.01.
1-36 SECTION 2. This Act takes effect September 1, 1997.
1-37 SECTION 3. The importance of this legislation and the
1-38 crowded condition of the calendars in both houses create an
1-39 emergency and an imperative public necessity that the
1-40 constitutional rule requiring bills to be read on three several
1-41 days in each house be suspended, and this rule is hereby suspended.
1-42 * * * * *