SRC-TAG H.B. 864 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 864
By: Kolkhorst (Staples)
Criminal Justice
5/18/2003
Engrossed


DIGEST AND PURPOSE 

The introduction of contraband into Texas Department of Criminal Justice
(TDJC) correctional facilities poses a significant threat to the security
of the institutions.  Since certain types of contraband are more
threatening than others, administrative sanctions may be insufficient to
deter and punish such behavior.  Furthermore, under current law, providing
a weapon to a person in custody with the intent to facilitate escape is a
criminal offense, but having to prove the intent to facilitate escape
often complicates prosecution.  H.B. 864  makes it a criminal offense to
provide money, a cigarette, or a tobacco product to an inmate; for an
inmate to possess, or for an individual to provide an inmate with a cell
phone; or for an unauthorized individual to possess a weapon in a penal
institution or provide an inmate with a weapon.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.11, Penal Code, by amending Subsections (a),
(d), and (e) and adding Subsection (j), as follows: 

(a)  Specifies that a person commits an offense if the person provides a
deadly weapon to an inmate of a correctional facility or a cellular
telephone, cigarette, tobacco product, or money to an inmate of a
correctional facility operated by or under contract with the Texas
Department of Criminal Justice (TDJC). 

(d)  Provides that a person commits an offense if the person possesses a
deadly weapon while in a correctional facility. 

(e)  Provides that it is an affirmative defense to prosecution under
Subsection (d)(2) of this section that the person possessing the deadly
weapon is a peace officer or is an officer or employee of the correctional
facility authorized to possess the deadly weapon while on duty or
traveling to or from the person's place of assignment.  Makes a conforming
change. 

(j)  Provides that a person commits an offense if the person while an
inmate of a correctional facility operated by or under contract with the
TDJC possesses a cellular telephone. 

SECTION 2.  Amends Section 38.11(f), Penal Code, by adding Subdivisions
(3) and (4) to define "cigarette" and "tobacco product." 

SECTION 3.  Amends the heading to Section 38.11, Penal Code, to read as
follows: 

Sec. 38.11.  PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY OR
ON PROPERTY OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE. 

 SECTION 4.  Makes application of this Act prospective. 

SECTION 5.  Effective date: September 1, 2003.