By:  Bernsen                                          S.B. No. 1270
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the harassment of persons by individuals confined in
 1-3     certain juvenile detention or correctional facilities; providing
 1-4     penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 22.11, Penal Code, is amended to read as
 1-7     follows:
 1-8           Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
 1-9     FACILITIES.
1-10           (a)  A person commits an offense if the person, while
1-11     imprisoned or confined in a secure correctional facility, in [or] a
1-12     facility operated by or under contract with the Texas Youth
1-13     Commission, or in a secure detention facility or a secure
1-14     correctional facility as defined by Section 51.02, Family Code,
1-15     operated by or under contract with a juvenile board, and with
1-16     intent to harass, alarm, or annoy another person, causes the other
1-17     person to contact the blood, seminal fluid, urine, or feces of the
1-18     actor or any other person.
1-19           (b)  An offense under this section is a felony of the third
1-20     degree.
1-21           (c)  If conduct constituting an offense under this section
1-22     also constitutes an offense under another section of this code, the
1-23     actor may be prosecuted under either section.
1-24           SECTION 2.  (a)  The change in law made by this Act applies
1-25     only to an offense committed on or after the effective date of this
 2-1     Act.  For purposes of this section, an offense is committed before
 2-2     the effective date of this Act if any element of the offense occurs
 2-3     before the effective date.
 2-4           (b)  An offense committed before the effective date of this
 2-5     Act is covered by the law in effect when the offense was committed,
 2-6     and the former law is continued in effect for that purpose.
 2-7           SECTION 3.  This Act takes effect September 1, 2001.
 2-8           SECTION 4.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.