HBA-AMW H.B. 2097 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2097
By: Morrison
Criminal Jurisprudence
3/27/2001
Introduced



BACKGROUND 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.  House Bill 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2097 amends the Penal Code to add a person other than an
employee who works for compensation at a correctional facility and a
volunteer at a correctional facility to the list of individuals who commit
an offense if the individuals violate the civil rights of a person in
custody or engage in sexual conduct with a person in custody.   

EFFECTIVE DATE

September 1, 2001.