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                                  * * * * *