SRC-JBJ H.B. 2890 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2890
77R6416 GWK-DBy: McClendon (Madla)
Criminal Justice
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, it is not an offense for certain offenders to
contact, without consent, their victims through letter, telephone, or other
means from within a correctional facility.  H.B. 2890 provides that it is
an offense if a person, while confined in a correctional facility after
being charged with or convicted of certain offenses, contacts the victim
under certain conditions.  

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 Chapter 38, Penal Code, by adding Section 38.111, as
follows: 

Sec. 38.111.  IMPROPER CONTACT WITH VICTIM.  (a)  Provides that a person
commits an offense if the person, while confined in a correctional facility
after being charged with or convicted of an offense listed in Article
62.01(5), Code of Criminal Procedure, contacts by letter, telephone, or any
other means, either directly or through a third party, a victim of the
offense or a member of the victim's family, under certain conditions. 

(b)  Prohibits the person confined in a correctional facility from giving
the written consent required under Subsection (a)(2)(A). 

(c)  Provides that it is an affirmative defense to prosecution under this
section that the contact was indirect contact made through an attorney
representing the person in custody and solely for the purpose of
representing the person in a criminal proceeding. 

(d)  Provides that an offense under this section is a Class A misdemeanor
unless the actor is confined in a correctional facility after being
convicted of a felony described by Subsection (a), in which event the
offense is a felony of the third degree. 

SECTION 2.  Effective date: September 1, 2001.