By:  Bernsen                                          S.B. No. 1270
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5     SECTION 1.  Section 22.11, Penal Code, is amended to read as
 1-6     follows:
 1-7     Section 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
 1-8     FACILITIES.
 1-9           (a)  A person commits an offense if the person, while
1-10     imprisoned or confined in a secure correctional facility, [or] a
1-11     facility operated by or under contract with the Texas Youth
1-12     Commission, or in a secure detention facility or a secure
1-13     correctional facility as defined by Section 51.02, Family Code,
1-14     operated by or under contract with a juvenile board, and with
1-15     intent to harass, alarm, or annoy another person, causes the other
1-16     person to contact the blood, seminal fluid, urine, or feces of the
1-17     actor or any other person.
1-18           (b)  An offense under this section is a felony of the third
1-19     degree.
1-20           (c)  If conduct constituting an offense under this section
1-21     also constitutes an offense under another section of this code, the
1-22     actor may be prosecuted under either section.
1-23           SECTION 2.  (a)  The change in law made by this Act applies
 2-1     only to an offense committed on or after the effective date of this
 2-2     Act.  For purposes of this section, an offense is committed before
 2-3     the effective date of this Act if any element of the offense occurs
 2-4     before the effective date.
 2-5           (b)  An offense committed before the effective date of this
 2-6     Act is covered by the law in effect when the offense was committed,
 2-7     and the former law is continued in effect for that purpose.
 2-8           SECTION 3.  This act takes effect September 1, 2001.
 2-9           SECTION 4.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.