H.B. 864 78(R)    BILL ANALYSIS


H.B. 864
By: Kolkhorst
Corrections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The introduction of contraband into TDCJ correctional facilities poses a
significant threat to the security of the institutions. Certain types of
contraband are more threatening than others, therefore administrative
sanctions may be insufficient to deter and punish such behavior.  Further,
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 would make it a criminal offense to provide money 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.  The bill adds these
offenses to Section 38.11, Penal Code.  An offense under this section is a
third degree felony. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

H.B. 864 amends Section 38.11 of the Penal Code to prohibit providing a
deadly weapon, a cellular telephone, or money to an inmate of a
correctional facility.  H.B. 864 prohibits anyone except a peace officer
or an employee or officer of the facility from possessing a deadly weapon
while in a correctional facility.  The bill also prohibits an inmate of a
correctional facility from possessing a cell phone.  H.B. 864 modifies the
title of Section 38.11 to reflect these changes.   


EFFECTIVE DATE

September 1, 2003.