SRC-SLL, DPW S.B. 894 76(R)BILL ANALYSIS


Senate Research CenterS.B. 894
By: Ogden
Criminal Justice
8/23/1999
Enrolled


DIGEST 

Currently, Section 39.04(a)(2), Penal Code, provides that a peace officer
or employee of an adult jail or correctional facility commits a state jail
felony if the officer or employee engages in sexual intercourse or deviate
sexual intercourse with an individual in custody.  This provision does not
apply to employees of juvenile facilities and does not prohibit sexual
conduct with individuals older than 17 who are in juvenile detention and
correctional programs.  This bill amends Section 39.04, Penal Code, to
extend its application to employees of juvenile correctional facilities and
juvenile detention centers and expand the prohibited activity to include
"sexual contact" as defined in Section 21.01(2), Penal Code. 

PURPOSE

As enrolled, S.B. 894 sets forth criteria for the offense of  improper
sexual activity between certain law enforcement or correctional personnel
and persons under custody, and provides penalties. 

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 Section 39.04(a), Penal Code, to provide that an offense
is committed if an official or employee of a correctional facility or a
peace officer intentionally engages in sexual contact with an individual in
custody. 

SECTION 2. Amends Section 39.04(e), Penal Code, to define "correctional
facility," and to redefine "custody," "sexual contact," and "sexual
intercourse." 

SECTION 3.  Amends Section 39.04, Penal Code, by adding Subsections (f) and
(g), to provide that an employee of the Texas Department of Criminal
Justice (TDCJ) commits a state jail felony if the employee engages in
sexual contact, sexual intercourse, or deviate sexual intercourse with an
individual who is not the employee's spouse and who the employee knows is
under the supervision of TDCJ but not in the custody of TDCJ.  

SECTION 4. Makes application of this Act prospective.  

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.