1-1                                   AN ACT
 1-2     relating to prosecuting and punishing certain individuals who
 1-3     violate the civil rights of persons in custody or engage in sexual
 1-4     conduct with persons in custody.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 39.04(a), Penal Code, is amended to read
 1-7     as follows:
 1-8           (a)  An official of a correctional facility, an [or] employee
 1-9     of a correctional facility, a person other than an employee who
1-10     works for compensation at a correctional facility, a volunteer at a
1-11     correctional facility, or a peace officer commits an offense if the
1-12     person [he] intentionally:
1-13                 (1)  denies or impedes a person in custody in the
1-14     exercise or enjoyment of any right, privilege, or immunity knowing
1-15     his conduct is unlawful; or   
1-16                 (2)  engages in sexual contact, sexual intercourse, or
1-17     deviate sexual intercourse with an individual in custody.
1-18           SECTION 2. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2097 was passed by the House on May
         2, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2097 was passed by the Senate on May
         23, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor