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