1-1 By: Ellis, et al. (Senate Sponsor - Ogden) H.B. No. 1713 1-2 (In the Senate - Received from the House April 8, 1999; 1-3 April 9, 1999, read first time and referred to Committee on 1-4 Criminal Justice; May 10, 1999, reported favorably, as amended, by 1-5 the following vote: Yeas 7, Nays 0; May 10, 1999, sent to 1-6 printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Shapiro 1-8 Amend H.B. 1713 as follows: 1-9 (1) In SECTION 1 of the bill, in proposed Section 22.11, 1-10 Penal Code, (House Engrossment, page 1, lines 36-41,) by striking 1-11 subsection (b) and substituting a new subsection (b) to read as 1-12 follows: 1-13 "(b) An offense under this section is a felony of the third 1-14 degree." 1-15 (2) In SECTION 1 of the bill, in the proposed Section 22.11, 1-16 Penal Code, (House Engrossment) add a new subsection (c) to read as 1-17 follows: 1-18 "(c) If conduct constituting an offense under this section also 1-19 constitutes an offense under another section of this code, the 1-20 actor may be prosecuted under either section. 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the harassment of persons by individuals imprisoned or 1-24 confined in adult or juvenile correctional facilities; creating an 1-25 offense. 1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-27 SECTION 1. Chapter 22, Penal Code, is amended by adding 1-28 Section 22.11 to read as follows: 1-29 Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL 1-30 FACILITIES. (a) A person commits an offense if the person, while 1-31 imprisoned or confined in a secure correctional facility or a 1-32 facility operated by or under contract with the Texas Youth 1-33 Commission and with intent to harass, alarm, or annoy another 1-34 person, causes the other person to contact the blood, seminal 1-35 fluid, urine, or feces of the actor or any other person. 1-36 (b) An offense under this section is: 1-37 (1) a Class C misdemeanor if the victim of the offense 1-38 is a person imprisoned or confined in a facility described by 1-39 Subsection (a); or 1-40 (2) a felony of the third degree if the victim is any 1-41 person other than a person described by Subdivision (1). 1-42 SECTION 2. (a) The change in law made by this Act applies 1-43 only to an offense committed on or after the effective date of this 1-44 Act. For purposes of this section, an offense is committed before 1-45 the effective date of this Act if any element of the offense occurs 1-46 before the effective date. 1-47 (b) An offense committed before the effective date of this 1-48 Act is covered by the law in effect when the offense was committed, 1-49 and the former law is continued in effect for that purpose. 1-50 SECTION 3. This Act takes effect September 1, 1999. 1-51 SECTION 4. The importance of this legislation and the 1-52 crowded condition of the calendars in both houses create an 1-53 emergency and an imperative public necessity that the 1-54 constitutional rule requiring bills to be read on three several 1-55 days in each house be suspended, and this rule is hereby suspended. 1-56 * * * * *