1-1     By:  Bernsen                                          S.B. No. 1270
 1-2           (In the Senate - Filed March 7, 2001; March 12, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 23, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 23, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the harassment of persons by individuals confined in
 1-9     certain juvenile detention or correctional facilities; providing
1-10     penalties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 22.11, Penal Code, is amended to read as
1-13     follows:
1-14           Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
1-15     FACILITIES.
1-16           (a)  A person commits an offense if the person, while
1-17     imprisoned or confined in a secure correctional facility, in [or] a
1-18     facility operated by or under contract with the Texas Youth
1-19     Commission, or in a secure detention facility or a secure
1-20     correctional facility as defined by Section 51.02, Family Code,
1-21     operated by or under contract with a juvenile board, and with
1-22     intent to harass, alarm, or annoy another person, causes the other
1-23     person to contact the blood, seminal fluid, urine, or feces of the
1-24     actor or any other person.
1-25           (b)  An offense under this section is a felony of the third
1-26     degree.
1-27           (c)  If conduct constituting an offense under this section
1-28     also constitutes an offense under another section of this code, the
1-29     actor may be prosecuted under either section.
1-30           SECTION 2.  (a)  The change in law made by this Act applies
1-31     only to an offense committed on or after the effective date of this
1-32     Act.  For purposes of this section, an offense is committed before
1-33     the effective date of this Act if any element of the offense occurs
1-34     before the effective date.
1-35           (b)  An offense committed before the effective date of this
1-36     Act is covered by the law in effect when the offense was committed,
1-37     and the former law is continued in effect for that purpose.
1-38           SECTION 3.  This Act takes effect September 1, 2001.
1-39           SECTION 4.  The importance of this legislation and the
1-40     crowded condition of the calendars in both houses create an
1-41     emergency and an imperative public necessity that the
1-42     constitutional rule requiring bills to be read on three several
1-43     days in each house be suspended, and this rule is hereby suspended.
1-44                                  * * * * *