SRC-SLL, ARR H.B. 1713 76(R)BILL ANALYSIS


Senate Research CenterH.B. 1713
76R9259 GWK-DBy: Ellis, Dan (Ogden)
Criminal Justice
5/6/1999
Committee Report (Amended)


DIGEST 

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 purse misdemeanor charges against an inmate. H.B. 1713  would
provide that an offense is committed if a person harasses individuals
imprisoned or confined in adult or juvenile correctional facilities, in a
certain manner.  

PURPOSE

As proposed, H.B. 1713 provides that an offense is committed if a person
harasses individuals imprisoned or confined in adult or juvenile
correctional facilities.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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.
Provides that a person commits an offense, if the person imprisoned in
certain correctional facilities with intent to harass, alarm, or annoy
another person, causes the other person to contact the blood, seminal
fluid, urine, or feces of the actor or any other persons. Provides that an
offense under this section is a felony of the third degree. Provides that
an offense under this section is a felony of the third degree. 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 22.11, Penal Code, by adding new Subsection (b) and (c), to
provide that an offense under this section is a felony of the third degree.
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. Deletes text regarding certain
offenses.