H.B. No. 274
AN ACT
relating to the prosecution of the offense of harassment by persons
in certain correctional and detention facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.11, Penal Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A person commits an offense if the person, while
imprisoned or confined in a [secure] correctional or detention
facility [or a facility operated by or under contract with the Texas
Youth Commission] and with intent to harass, alarm, or annoy
another person, causes the other person to contact the blood,
seminal fluid, vaginal fluid, saliva, urine, or feces of the actor
or any other person.
(d) In this section, "correctional or detention facility"
means:
(1) a secure correctional facility; or
(2) a "secure correctional facility" or a "secure
detention facility" as defined by Section 51.02, Family Code,
operated by or under contract with a juvenile board or the Texas
Youth Commission or any other facility operated by or under
contract with that commission.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For the purposes of this subsection, an
offense was committed before September 1, 2003, if any element of
the offense occurred before that date.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 274 was passed by the House on April
1, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 274 was passed by the Senate on May
28, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor