1-1 AN ACT
1-2 relating to the creation of an offense prohibiting certain persons
1-3 in custody for sex offenses from contacting juvenile victims of
1-4 their offenses, to the liability of a correctional facility or its
1-5 officers and employees for contacts between certain persons in
1-6 custody for sex offenses and the juvenile victims of their
1-7 offenses, and to the confidentiality of certain information
1-8 identifying juvenile sex offense victims.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Chapter 38, Penal Code, is amended by adding
1-11 Section 38.111 to read as follows:
1-12 Sec. 38.111. IMPROPER CONTACT WITH VICTIM. (a) A person
1-13 commits an offense if the person, while confined in a correctional
1-14 facility after being charged with or convicted of an offense listed
1-15 in Article 62.01(5), Code of Criminal Procedure, contacts by
1-16 letter, telephone, or any other means, either directly or through a
1-17 third party, a victim of the offense or a member of the victim's
1-18 family, if:
1-19 (1) the victim was younger than 17 years of age at the
1-20 time of the commission of the offense for which the person is
1-21 confined; and
1-22 (2) the director of the correctional facility has not,
1-23 before the person makes contact with the victim:
1-24 (A) received written and dated consent to the
2-1 contact from:
2-2 (i) a parent of the victim;
2-3 (ii) a legal guardian of the victim;
2-4 (iii) the victim, if the victim is 17
2-5 years of age or older at the time of giving the consent; or
2-6 (iv) a member of the victim's family who
2-7 is 17 years of age or older; and
2-8 (B) provided the person with a copy of the
2-9 consent.
2-10 (b) The person confined in a correctional facility may not
2-11 give the written consent required under Subsection (a)(2)(A).
2-12 (c) It is an affirmative defense to prosecution under this
2-13 section that the contact was:
2-14 (1) indirect contact made through an attorney
2-15 representing the person in custody; and
2-16 (2) solely for the purpose of representing the person
2-17 in a criminal proceeding.
2-18 (d) An offense under this section is a Class A misdemeanor
2-19 unless the actor is confined in a correctional facility after being
2-20 convicted of a felony described by Subsection (a), in which event
2-21 the offense is a felony of the third degree.
2-22 SECTION 2. Title 4, Civil Practice and Remedies Code, is
2-23 amended by adding Chapter 97 to read as follows:
2-24 CHAPTER 97. LIABILITY OF CORRECTIONAL FACILITIES AND OFFICERS
2-25 BARRED FOR CERTAIN ACTS OF INMATES
2-26 Sec. 97.001. LIABILITY BARRED. A correctional facility or an
2-27 officer or employee of a correctional facility is not liable for
3-1 damages arising from an act committed by a person confined in the
3-2 correctional facility that is in violation of Section 38.111, Penal
3-3 Code. This section does not apply if the officer or employee of
3-4 the correctional facility knowingly assists or participates in the
3-5 conduct prohibited by Section 38.111, Penal Code.
3-6 SECTION 3. Article 57.02, Code of Criminal Procedure, is
3-7 amended by adding Subsection (h) to read as follows:
3-8 (h) Except as required or permitted by other law or by court
3-9 order, a public servant or other person who has access to or
3-10 obtains the name, address, telephone number, or other identifying
3-11 information of a victim younger than 17 years of age may not
3-12 release or disclose the identifying information to any person who
3-13 is not assisting in the investigation, prosecution, or defense of
3-14 the case. This subsection does not apply to the release or
3-15 disclosure of a victim's identifying information by:
3-16 (1) the victim; or
3-17 (2) the victim's parent, conservator, or guardian,
3-18 unless the parent, conservator, or guardian is a defendant in the
3-19 case.
3-20 SECTION 4. Article 57.03, Code of Criminal Procedure, is
3-21 amended to read as follows:
3-22 Art. 57.03. OFFENSE. (a) A public servant with access to
3-23 the name, address, or telephone number of a victim 17 years of age
3-24 or older who has chosen [to be designated by] a pseudonym under
3-25 this chapter commits an offense if the public servant
3-26 [intentionally or] knowingly discloses the name, address, or
3-27 telephone number of the victim to any person who is not assisting
4-1 in the investigation or prosecution of the offense or to any person
4-2 other than the defendant, the defendant's attorney, or the person
4-3 specified in the order of a court of competent jurisdiction.
4-4 (b) Unless the disclosure is required or permitted by other
4-5 law, a public servant or other person commits an offense if the
4-6 person:
4-7 (1) has access to or obtains the name, address, or
4-8 telephone number of a victim younger than 17 years of age; and
4-9 (2) knowingly discloses the name, address, or
4-10 telephone number of the victim to any person who is not assisting
4-11 in the investigation or prosecution of the offense or to any person
4-12 other than the defendant, the defendant's attorney, or a person
4-13 specified in an order of a court of competent jurisdiction.
4-14 (c) It is an affirmative defense to prosecution under
4-15 Subsection (b) that the actor is:
4-16 (1) the victim; or
4-17 (2) the victim's parent, conservator, or guardian,
4-18 unless the actor is a defendant in the case.
4-19 (d) An offense under this article is a Class C misdemeanor.
4-20 SECTION 5. (a) Except as provided by Subsection (b) of this
4-21 section, the change in law made by this Act in adding Article
4-22 57.02(h), Code of Criminal Procedure, applies only to an offense
4-23 committed against a juvenile sex offense victim on or after the
4-24 effective date of this Act. An offense committed against a
4-25 juvenile sex offense victim before the effective date of this Act
4-26 is covered by the law in effect when the offense was committed, and
4-27 the former law is continued in effect for that purpose.
5-1 (b) The change in law made by this Act in amending Article
5-2 57.03, Code of Criminal Procedure, applies only to an offense
5-3 committed on or after the effective date of this Act. An offense
5-4 committed before the effective date of this Act is covered by the
5-5 law in effect when the offense was committed, and the former law is
5-6 continued in effect for that purpose.
5-7 (c) For purposes of this section, an offense was committed
5-8 before the effective date of this Act if any element of the offense
5-9 occurred before that date.
5-10 SECTION 6. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2890 was passed by the House on May
5, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2890 on May 25, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2890 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2890 was passed by the Senate, with
amendments, on May 23, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2890 on May 27, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor