81R10599 PEP-D
 
  By: McReynolds H.B. No. 4058
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating an offense for persons imprisoned or confined
  in the Texas Department of Criminal Justice to use the mail or other
  means of communication to harm or threaten to harm certain other
  persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 36, Penal Code, is amended by adding
  Section 36.061 to read as follows:
         Sec. 36.061.  UNLAWFUL COMMUNICATION BY PERSONS IN CERTAIN
  CORRECTIONAL FACILITIES. (a) A person commits an offense if the
  person, while imprisoned or confined in a correctional facility
  operated by or under contract with the Texas Department of Criminal
  Justice, intentionally or knowingly uses the mail or other means of
  communication to harm or threaten to harm another by an unlawful act
  on account of the service or status of another as a:
               (1)  public servant, witness, prospective witness, or
  informant; or
               (2)  person who has reported or who the actor knows
  intends to report the occurrence of a crime.
         (b)  In this section:
               (1)  "Informant" has the meaning assigned by Section
  36.06.
               (2)  "Mail" includes the United States mail and any
  intra-agency mail.
         (c)  An offense under this section is a felony of the third
  degree, unless the victim of the offense was harmed or threatened
  because of the victim's service or status as a juror, in which event
  the offense is a felony of the second degree.
         (d)  It is not a defense to prosecution under this section
  that the actor did not have any previous contact with the other
  person.
         SECTION 2.  This Act takes effect September 1, 2009.