HBA-BSM H.B. 2890 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2890
By: McClendon
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no law to punish those who contact  without consent a
victim through letter, telephone, or other means while the offender is
confined in a correctional facility after being charged with or convicted
of certain sexual offenses.  In cases of sexual assault of children, the
receipt of a letter or telephone call from the offender can be devastating
to the child and the child's family.  House Bill 2890 creates an offense if
a person while confined in a correctional facility after being charged with
or convicted of a certain sexual offense contacts the victim without
consent.  The bill provides that the offense is a Class A misdemeanor
unless the offender has previously been convicted of the same offense, in
which case it is a third degree felony.  

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 2890 amends the Penal Code to provide that a person  commits an
offense if the person, while confined in a correctional facility after
being charged with or convicted of a sexual offense 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 if the victim was
younger than 17 years of age at the time of the offense and specified
requirements for consent to contact are not met.  The bill provides that it
is an affirmative defense to prosecution 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.
An offense under these provisions is a Class A misdemeanor unless the actor
is confined in a correctional facility after being convicted of a sexual
offense felony, in which event the offense is a felony of the third degree.

EFFECTIVE DATE

September 1, 2001.