79R4726 KCR-F

By:  Deuell                                                       S.B. No. 816



A BILL TO BE ENTITLED

AN ACT

relating to the offense of harassment by persons in certain 
correctional facilities and to creating the offense of harassment 
of public servant.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 22.11, Penal Code, is 
amended to read as follows:
	Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL 
FACILITIES; HARASSMENT OF PUBLIC SERVANT.  
	SECTION 2.  Section 22.11, Penal Code, is amended by 
amending Subsections (a) and (b) and adding Subsections (b-1) and 
(e) to read as follows:
	(a)  A person commits an offense if, with the intent to 
assault, harass, alarm, or annoy, the person:
		(1)  [,] while imprisoned or confined in a correctional 
or detention facility [and with intent to harass, alarm, or annoy 
another person], causes another [the other] person to contact the 
blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the 
actor, any other person, or an animal; or
		(2)  causes another person the actor knows to be a   
public servant to contact the blood, seminal fluid, vaginal fluid, 
saliva, urine, or feces of the actor, any other person, or an animal 
while the public servant is lawfully discharging an official duty 
or in retaliation or on account of an exercise of the public 
servant's official power or performance of an official duty.
	(b)  Except as provided by Subsection (b-1), an [An] offense 
under this section is a felony of the third degree.
	(b-1)  An offense under this section is a felony of the 
second degree if the actor knows or is aware but consciously 
disregards a substantial risk that the blood, seminal fluid, 
vaginal fluid, saliva, urine, or feces used to commit the offense is 
infected with HIV, hepatitis B, or tuberculosis, except that the 
offense is a felony of the first degree if, as a result of the 
offense, a person contracts HIV, hepatitis B, or tuberculosis.
	(e)  For purposes of Subsection (a)(2), the actor is presumed 
to have known the person was a public servant if the person was 
wearing a distinctive uniform or badge indicating the person's 
employment as a public servant.
	SECTION 3.  Article 42.037, Code of Criminal Procedure, is 
amended by adding Subsection (p) to read as follows:
	(p)  The court shall order a defendant convicted of an 
offense under Section 22.11, Penal Code, to make restitution to the 
victim of the offense or the victim's employer in an amount equal to 
the sum of any expenses incurred by the victim or employer to:
		(1)  test the victim for HIV, hepatitis B, or 
tuberculosis; or       
		(2)  treat the victim for HIV, hepatitis B, or 
tuberculosis the victim contracts as a result of the offense.
	SECTION 4.  The changes in law made by this Act apply only to 
an offense committed on or after the effective date of this Act.  An 
offense committed before the effective date of this Act is covered 
by the law in effect at the time the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 5.  This Act takes effect September 1, 2005.