SRC-BWC S.B. 997 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 997
77R6416 GWK-DBy: Madla
Criminal Justice
4/4/2001
As Filed


DIGEST AND PURPOSE 

Currently, there is no statutory provision to punish those who, without
consent, contact 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 offenses as listed in Article 62.01(5), Code
of Criminal Procedure. In cases of sexual assault, the victims are often
children and the receipt of a letter or telephone call from the offender
can be very devastating to the child and the family.  As proposed, S.B. 997
creates an offense if a person, while confined in a correctional facility
after being charged with or convicted of a certain offense, contacts his or
her victim without the consent of the victim.  If the offender has been
convicted, the offense  is a third degree felony, otherwise it is a Class A
misdemeanor. 

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) (Definitions), 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 if:  the victim
was younger than 17 years of age at the time of the commission of the
offense for which the person is confined, and the director of the
correctional facility has not, before the person makes contact with the
victim, received consent from the appropriate representative of the victim
and provided the person with a copy of the consent. 

(b)  Prohibits the person confined in a correctional facility from giving
the written consent required under this section.   

(c)  Provides that there are certain affirmative defenses to prosecution
under this section.   

(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 third-degree felony. 

SECTION 2.  Effective date: September 1, 2001.