SRC-BWC H.B. 2097 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2097
77R7685 GWK-FBy: Morrison (Staples)
Criminal Justice
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Current law provides that it is a state jail felony for an official or
employee of a correctional facility or a peace officer to engage in sexual
contact, sexual intercourse, or deviate sexual intercourse with an
individual in custody.  However, this prohibition against improper sexual
activity with an individual in custody does not include contract employees
or volunteers at a correctional facility.  H.B. 2097 extends the
prohibition against engaging in improper sexual activity with an individual
in custody to a person other than an employee who works for compensation at
a correctional facility and to a volunteer at a correctional facility.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 39.04(a), Penal Code, to provide that an
official of a correctional facility, an employee of a correctional
facility, a person other than an employee who works for compensation at a
correctional facility, a volunteer at a correctional facility, or a peace
officer commits an offense if the person intentionally commits certain
acts. 

SECTION 2.  Effective date: September 1, 2001.