BILL ANALYSIS

 

 

                                                                                                                                           H.B. 3659

                                                                                                                                        By: Dunnam

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Section 21.12 of the Penal Code, entitled "Improper Relationship Between Educator and Student," deals with an employee of a public or private primary or secondary school who commits an offense by engaging in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works and who is not the employee's spouse.

 

This bill simply protects the identity of a student victimized by a school employee under Section 21.12, Penal Code, by prohibiting the name of the student from being released to the public.  The intent of the bill is to protect the student from media scrutiny and undue harassment and attention.

 

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 3659 amends Section 21.12 of the Penal Code by stipulating that the name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Section 21.12(a) of the Penal Code may not be released to the public and is not public information under Chapter 552, Government Code.

 

EFFECTIVE DATE

 

September 1, 2007.