AN ACT
1-1 relating to improper sexual activity between certain law
1-2 enforcement or correctional personnel and persons under custody or
1-3 supervision; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 39.04, Penal Code, is
1-6 amended to read as follows:
1-7 (a) An official or employee of a correctional facility or a
1-8 peace officer commits an offense if he intentionally:
1-9 (1) denies or impedes a person in custody in the
1-10 exercise or enjoyment of any right, privilege, or immunity knowing
1-11 his conduct is unlawful; or
1-12 (2) engages in sexual contact, sexual intercourse, or
1-13 deviate sexual intercourse with an individual in custody.
1-14 SECTION 2. Subsection (e), Section 39.04, Penal Code, is
1-15 amended to read as follows:
1-16 (e) In this section:
1-17 (1) "Correctional facility" means:
1-18 (A) any place described by Section 1.07(a)(14);
1-19 or
1-20 (B) a "secure correctional facility" or "secure
1-21 detention facility" as defined by Section 51.02, Family Code.
1-22 (2) "Custody" means the detention, arrest, or
1-23 confinement of an adult offender or the detention or the commitment
1-24 to a facility operated by or under a contract with the Texas Youth
2-1 Commission of a juvenile offender [a person].
2-2 (3) [(2)] "Sexual contact," "sexual intercourse," and
2-3 "deviate sexual intercourse" have the meanings assigned by Section
2-4 21.01.
2-5 SECTION 3. Section 39.04, Penal Code, is amended by adding
2-6 Subsections (f) and (g) to read as follows:
2-7 (f) An employee of the Texas Department of Criminal Justice
2-8 commits an offense if the employee engages in sexual contact,
2-9 sexual intercourse, or deviate sexual intercourse with an
2-10 individual who is not the employee's spouse and who the employee
2-11 knows is under the supervision of the department but not in the
2-12 custody of the department.
2-13 (g) An offense under Subsection (f) is a state jail felony.
2-14 SECTION 4. (a) The change in law made by this Act applies
2-15 only to an offense committed on or after the effective date of this
2-16 Act. For purposes of this section, an offense is committed before
2-17 the effective date of this Act if any element of the offense occurs
2-18 before the effective date.
2-19 (b) An offense committed before the effective date of this
2-20 Act is covered by the law in effect when the offense was committed,
2-21 and the former law is continued in effect for that purpose.
2-22 SECTION 5. This Act takes effect September 1, 1999.
2-23 SECTION 6. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 894 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 10, 1999, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 894 passed the House, with
amendment, on May 4, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor