SRC-TAG C.S.S.B. 825 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 825
78R9030 EMT-FBy: Whitmire
                   Criminal Justice
3/27/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently,  it is a criminal offense for health care provider to engage in
non-consensual sex with a person in the provider's care or with a patient.
C.S.S.B. 825 makes it a criminal offense for an employee of certain
facilities to engage in sex with a resident of the facility. 

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 22.011(b), Penal Code, to provide that a sexual
assault is without the consent of the other person if the actor is an
employee of a facility where the other person is a resident, unless the
employee and resident are formally or informally married to each other
under Chapter 2 (The Marriage Relationship), Family Code.  Makes
nonsubstantive changes. 

SECTION 2.  Amends Section 22.011(c), Penal Code, by adding Subdivision
(5), to define "employee of a facility." 

SECTION 3.  Effective date: September 1, 2003.
            Makes application of this Act prospective.

SUMMARY OF COMMITTEE CHANGES

Differs form original bill by shortening the relating clause.

SECTION 1.  Differs from the original bill by amending Section 22.011(b),
Penal code rather than amending Section 22.011(b), Penal Code, by amending
subdivisions (9) and (10) and by adding subdivision (11).  Differs from
original in proposed Subsection (b) by adding the phrase "where the other
person is a  resident, unless the employee and resident are formally or
informally married to each other under Chapter 2, Family Code." 

SECTION 2.  Differs from the original bill in SECTION 2 by deleting
proposed text and creating new text to define "employee of a facility. 

SECTION 3.  Differs from the original bill in SECTION 3 by deleting
proposed SECTION 3, and redesignating SECTIONS 4 and 5 as SECTION 3.