By Ogden S.B. No. 894
76R8203 GWK-F
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.