HBA-NIK H.B. 1713 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1713
By: Ellis, Dan
Corrections
8/11/99
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, most attempts to prosecute inmates for the
throwing of urine and feces were treated as a misdemeanor offense.  Such
punishment provided little deterrent to prison inmates, and in fact, most
prosecutors would not pursue misdemeanor charges against an inmate.  

H.B. 1713 makes it a criminal offense for an inmate to intentionally strike
another person with blood, urine, feces, or seminal fluids in a facility
operated by or under contract with the Texas Youth Commission.  The offense
is punishable as a third degree felony. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 22, Penal Code, by adding Section 22.11 as
follows: 

Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES.
Sets forth that, if while imprisoned or confined in a secure correctional
facility or a facility operated by or under contract with the Texas Youth
Commission, and with the intent to harass, alarm, or annoy another person,
a person commits an offense if the person causes the other person to
contact the blood, seminal fluid, urine, or feces of the actor or any other
person. 

(b) Establishes that an offense under this section is a felony of the third
degree. 

(c) Authorizes the actor to be prosecuted under either section if conduct
constituting an offense under this section also constitutes an offense
under another section of this code.  
SECTION 2. Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.