S.B. 729 78(R)    BILL ANALYSIS


S.B. 729
By: Staples
Corrections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, an incarcerated individual commits an offense if that person
intentionally and maliciously causes another person to contact certain
human fluids or products. In order to prosecute an individual for the
offense, the state must demonstrate that the substance is human in origin.
When the Department of Health analyzes feces, the testing technique shows
that the substance is of a mammal. To determine if the material is
actually that of a person, requires more extensive and more expensive
testing. As proposed, S.B. 729 amends the Penal Code to include animals in
the list of product sources constituting an element of the offense of
harassment. 


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

SECTION 1. Amends Section 22.11(a), Penal Code, to add causing a person to
contact the blood, seminal fluid, urine, or feces of an animal to the
elements of the offense of harassment by persons in certain correctional
facilities. 

SECTION 2. (a) Effective date.
  (b) Makes application of this Act prospective.


EFFECTIVE DATE

September 1, 2003