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.