By Allen                                              H.B. No. 3251
                                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;
 1-4     providing a penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 39.04(a), Penal Code, is amended to read
 1-7     as follows:
 1-8           (a)  An official or employee of a correctional facility or a
 1-9     peace officer commits an offense if he intentionally:
1-10                 (1)  denies or impedes a person in custody in the
1-11     exercise or enjoyment of any right, privilege, or immunity knowing
1-12     his conduct is unlawful; or
1-13                 (2)  engages in sexual contact, sexual intercourse, or
1-14     deviate sexual intercourse with an individual in custody.
1-15           SECTION 2.  Section 39.04(e), Penal Code, is amended to read
1-16     as follows:
1-17           (e)  In this section:
1-18                 (1)  "Correctional facility" means:
1-19                       (A)  any place described by Section 1.07(a)(14);
1-20     or
1-21                       (B)  a "secure correctional facility" or "secure
1-22     detention facility" as defined by Section 51.02, Family Code.
1-23                 (2) [(1)]  "Custody" means the detention, arrest, or
1-24     confinement of an adult offender or the detention or the commitment
 2-1     to a facility operated by or under a contract with the Texas Youth
 2-2     Commission of a juvenile offender [a person].
 2-3                 (3) ((2))  "Sexual contact," "sexual intercourse," and
 2-4     "deviate sexual intercourse" have the meanings assigned by Section
 2-5     21.01.
 2-6           SECTION 3.  (a)  The change in law made by this Act applies
 2-7     only to an offense committed on or after the effective date of this
 2-8     Act.  For purposes of this section, an offense is committed before
 2-9     the effective date of this Act if any element of the offense occurs
2-10     before the effective date.
2-11           (b)  An offense committed before the effective date of this
2-12     Act is covered by the law in effect when the offense was committed,
2-13     and the former law is continued in effect for that purpose.
2-14           SECTION 4.  This Act takes effect September 1, 1999.
2-15           SECTION 5.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.