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


Office of House Bill AnalysisC.S.H.B. 1713
By: Ellis, Dan
Corrections
3/21/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, most attempts to prosecute inmates for the throwing of bodily
secretions must be treated as a misdemeanor offense.  Such punishment
provides little deterrent to prison inmates, and in fact, most prosecutors
will not pursue misdemeanor charges against an inmate.  

C.S.H.B. 1713 makes it an offense for an inmate to intentionally cause
another person to contact the blood, urine, feces, or seminal fluids of the
actor or any other person.  The offense is  punishable as a Class C
misdemeanor if the victim is another inmate, and a third-degree felony if
the victim of the offense is a person other than one confined to the
facility. 

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 OF PERSONS IN CERTAIN CORRECTIONAL FACILITIES. Sets
forth that, if while imprisoned or confined in a secure correctional
facility operated by or under contract with the Texas Youth Commission, and
with the intent to harass, harm, 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 Class C misdemeanor
if the victim of the offense is a person imprisoned in facility described
in Subsection (a); or a felony of the third degree if the victim is any
person not other than a person imprisoned nor confined in a facility
described by Subsection (a). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1713 modifies the original bill in Section 1 by changing the title
of Section 22.11, Penal Code, from "Harassment of Certain Corrections
Employees" to "Harassment by Persons in Certain Correctional Facilities."
C.S.H.B. 1713 modifies the original Subsection (a) Section 22.11, Penal
Code, by changing the correctional facility operated by or under contract
with the Texas Department of Criminal Justice to one operated by or under
contract with the Texas Youth Commission (TYC). Adds that an offense under
this section is a Class C misdemeanor if the victim of the offense is a
person imprisoned or confined in a TYC facility while the offense is a
third-degree felony if the victim is not confined or imprisoned.