By Smith H.B. No. 540
76R3072 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to improper sexual activity between certain law
1-3 enforcement or correctional personnel and persons under custody or
1-4 supervision; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 39.04, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
1-9 CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER
1-10 SUPERVISED RELEASE. (a) An official or employee of a
1-11 correctional facility or a peace officer commits an offense if he
1-12 intentionally:
1-13 (1) denies or impedes a person in custody in the
1-14 exercise or enjoyment of any right, privilege, or immunity knowing
1-15 his conduct is unlawful; or
1-16 (2) engages in sexual contact, sexual intercourse, or
1-17 deviate sexual intercourse with an individual in custody.
1-18 (b) An employee of the Texas Department of Criminal Justice
1-19 commits an offense if the employee engages in sexual contact,
1-20 sexual intercourse, or deviate sexual intercourse with an
1-21 individual who:
1-22 (1) is under the supervision of the department but not
1-23 in the custody of the department; and
1-24 (2) is not the employee's spouse.
2-1 (c) An offense under Subsection (a)(1) is a Class A
2-2 misdemeanor. An offense under Subsection (a)(2) or Subsection (b)
2-3 is a state jail felony.
2-4 (d) [(c)] This section shall not preclude prosecution for
2-5 any other offense set out in this code.
2-6 (e) [(d)] The Attorney General of Texas shall have
2-7 concurrent jurisdiction with law enforcement agencies to
2-8 investigate violations of this statute involving serious bodily
2-9 injury or death.
2-10 (f) [(e)] In this section:
2-11 (1) "Custody" means the detention, arrest, or
2-12 confinement of a person.
2-13 (2) "Sexual contact," "sexual intercourse," and
2-14 "deviate sexual intercourse" have the meanings assigned by Section
2-15 21.01.
2-16 SECTION 2. (a) The change in law made by this Act applies
2-17 only to an offense committed on or after the effective date of this
2-18 Act. For purposes of this section, an offense is committed before
2-19 the effective date of this Act if any element of the offense occurs
2-20 before the effective date.
2-21 (b) An offense committed before the effective date of this
2-22 Act is covered by the law in effect when the offense was committed,
2-23 and the former law is continued in effect for that purpose.
2-24 SECTION 3. This Act takes effect September 1, 1999.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.