1-1     By:  McClendon (Senate Sponsor - Madla)               H.B. No. 2890
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of an offense prohibiting certain persons
 1-9     in custody from contacting their victims.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 38, Penal Code, is amended by adding
1-12     Section 38.111 to read as follows:
1-13           Sec. 38.111.  IMPROPER CONTACT WITH VICTIM.  (a)  A person
1-14     commits an offense if the person, while confined in a correctional
1-15     facility after being charged with or convicted of an offense listed
1-16     in Article 62.01(5), Code of Criminal Procedure, contacts by
1-17     letter, telephone, or any other means, either directly or through a
1-18     third party, a victim of the offense or a member of the victim's
1-19     family, if:
1-20                 (1)  the victim was younger than 17 years of age at the
1-21     time of the commission of the offense for which the person is
1-22     confined; and
1-23                 (2)  the director of the correctional facility has not,
1-24     before the person makes contact with the victim:
1-25                       (A)  received written and dated consent to the
1-26     contact from:
1-27                             (i)  a parent of the victim;
1-28                             (ii)  a legal guardian of the victim;
1-29                             (iii)  the victim, if the victim is 17
1-30     years of age or older at the time of giving the consent; or
1-31                             (iv)  a member of the victim's family who
1-32     is 17 years of age or older; and
1-33                       (B)  provided the person with a copy of the
1-34     consent.
1-35           (b)  The person confined in a correctional facility may not
1-36     give the written consent required under Subsection (a)(2)(A).
1-37           (c)  It is an affirmative defense to prosecution under this
1-38     section that the contact was:
1-39                 (1)  indirect contact made through an attorney
1-40     representing the person in custody; and
1-41                 (2)  solely for the purpose of representing the person
1-42     in a criminal proceeding.
1-43           (d)  An offense under this section is a Class A misdemeanor
1-44     unless the actor is confined in a correctional facility after being
1-45     convicted of a felony described by Subsection (a), in which event
1-46     the offense is a felony of the third degree.
1-47           SECTION 2.  This Act takes effect September 1, 2001.
1-48                                  * * * * *