By McClendon                                          H.B. No. 2890
         77R6416 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of an offense prohibiting certain persons
 1-3     in custody from contacting their victims.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 38, Penal Code, is amended by adding
 1-6     Section 38.111 to read as follows:
 1-7           Sec. 38.111.  IMPROPER CONTACT WITH VICTIM.  (a)  A person
 1-8     commits an offense if the person, while confined in a correctional
 1-9     facility after being charged with or convicted of an offense listed
1-10     in Article 62.01(5), Code of Criminal Procedure, contacts by
1-11     letter, telephone, or any other means, either directly or through a
1-12     third party, a victim of the offense or a member of the victim's
1-13     family, if:
1-14                 (1)  the victim was younger than 17 years of age at the
1-15     time of the commission of the offense for which the person is
1-16     confined; and
1-17                 (2)  the director of the correctional facility has not,
1-18     before the person makes contact with the victim:
1-19                       (A)  received written and dated consent to the
1-20     contact from:
1-21                             (i)  a parent of the victim;
1-22                             (ii)  a legal guardian of the victim;
1-23                             (iii)  the victim, if the victim is 17
1-24     years of age or older at the time of giving the consent; or
 2-1                             (iv)  a member of the victim's family who
 2-2     is 17 years of age or older; and
 2-3                       (B)  provided the person with a copy of the
 2-4     consent.
 2-5           (b)  The person confined in a correctional facility may not
 2-6     give the written consent required under Subsection (a)(2)(A).
 2-7           (c)  It is an affirmative defense to prosecution under this
 2-8     section that the contact was:
 2-9                 (1)  indirect contact made through an attorney
2-10     representing the person in custody; and
2-11                 (2)  solely for the purpose of representing the person
2-12     in a criminal proceeding.
2-13           (d)  An offense under this section is a Class A misdemeanor
2-14     unless the actor is confined in a correctional facility after being
2-15     convicted of a felony described by Subsection (a), in which event
2-16     the offense is a felony of the third degree.
2-17           SECTION 2.  This Act takes effect September 1, 2001.