By:  Ogden                                             S.B. No. 894
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to improper sexual activity between certain law
 1-2     enforcement or correctional personnel and persons under custody;
 1-3     providing a penalty.
 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.  (a)  The change in law made by this Act applies
 2-6     only to an offense committed on or after the effective date of this
 2-7     Act.  For purposes of this section, an offense is committed before
 2-8     the effective date of this Act if any element of the offense occurs
 2-9     before the effective date.
2-10           (b)  An offense committed before the effective date of this
2-11     Act is covered by the law in effect when the offense was committed,
2-12     and the former law is continued in effect for that purpose.
2-13           SECTION 4.  This Act takes effect September 1, 1999.
2-14           SECTION 5.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.