H.B. 1425 78(R)    BILL ANALYSIS


H.B. 1425
By: Keel
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, it is a crime for certain health-care providers to engage in
sexual contact with persons in their charge or with persons with whom they
have a provider-patient relationship. Since these providers are
responsible for caring for physically or mentally impaired individuals
sexual contact with a patient is considered nonconsensual and is therefore
considered sexual assault. However, employees of long-term care facilities
are not specifically included in this prohibition. House Bill 1425 extends
this prohibition to employees of long-term care facilities.    

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

House Bill 1425 amends the Penal Code to specify that sexual contact
between an employee of a long-term care facility and a resident is
nonconsensual and therefore constitutes sexual assault.   

EFFECTIVE DATE

September 1, 2003.