1-1     By:  Ogden                                             S.B. No. 894
 1-2           (In the Senate - Filed March 4, 1999; March 8, 1999, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     March 25, 1999, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 25, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to improper sexual activity between certain law
 1-9     enforcement or correctional personnel and persons under custody;
1-10     providing a penalty.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (a), Section 39.04, Penal Code, is
1-13     amended to read as follows:
1-14           (a)  An official or employee of a correctional facility or a
1-15     peace officer commits an offense if he intentionally:
1-16                 (1)  denies or impedes a person in custody in the
1-17     exercise or enjoyment of any right, privilege, or immunity knowing
1-18     his conduct is unlawful; or
1-19                 (2)  engages in sexual contact, sexual intercourse, or
1-20     deviate sexual intercourse with an individual in custody.
1-21           SECTION 2.  Subsection (e), Section 39.04, Penal Code, is
1-22     amended to read as follows:
1-23           (e)  In this section:
1-24                 (1)  "Correctional facility" means:
1-25                       (A)  any place described by Section 1.07(a)(14);
1-26     or
1-27                       (B)  a "secure correctional facility" or "secure
1-28     detention facility" as defined by Section 51.02, Family Code.
1-29                 (2)  "Custody" means the detention, arrest, or
1-30     confinement of an adult offender or the detention or the commitment
1-31     to a facility operated by or under a contract with the Texas Youth
1-32     Commission of a juvenile offender [a person].
1-33                 (3) [(2)]  "Sexual contact," "sexual intercourse," and
1-34     "deviate sexual intercourse" have the meanings assigned by Section
1-35     21.01.
1-36           SECTION 3.  (a)  The change in law made by this Act applies
1-37     only to an offense committed on or after the effective date of this
1-38     Act.  For purposes of this section, an offense is committed before
1-39     the effective date of this Act if any element of the offense occurs
1-40     before the effective date.
1-41           (b)  An offense committed before the effective date of this
1-42     Act is covered by the law in effect when the offense was committed,
1-43     and the former law is continued in effect for that purpose.
1-44           SECTION 4.  This Act takes effect September 1, 1999.
1-45           SECTION 5.  The importance of this legislation and the
1-46     crowded condition of the calendars in both houses create an
1-47     emergency and an imperative public necessity that the
1-48     constitutional rule requiring bills to be read on three several
1-49     days in each house be suspended, and this rule is hereby suspended.
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