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A BILL TO BE ENTITLED
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AN ACT
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relating to creating an offense for persons imprisoned or confined |
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in the Texas Department of Criminal Justice to use the mail or other |
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means of communication to harm or threaten to harm certain other |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Penal Code, is amended by adding |
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Section 36.061 to read as follows: |
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Sec. 36.061. UNLAWFUL COMMUNICATION BY PERSONS IN CERTAIN |
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CORRECTIONAL FACILITIES. (a) A person commits an offense if the |
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person, while imprisoned or confined in a correctional facility |
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operated by or under contract with the Texas Department of Criminal |
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Justice, intentionally or knowingly uses the mail or other means of |
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communication to harm or threaten to harm another by an unlawful act |
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on account of the service or status of another as a: |
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(1) public servant, witness, prospective witness, or |
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informant; or |
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(2) person who has reported or who the actor knows |
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intends to report the occurrence of a crime. |
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(b) In this section: |
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(1) "Informant" has the meaning assigned by Section |
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36.06. |
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(2) "Mail" includes the United States mail and any |
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intra-agency mail. |
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(c) An offense under this section is a felony of the third |
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degree, unless the victim of the offense was harmed or threatened |
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because of the victim's service or status as a juror, in which event |
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the offense is a felony of the second degree. |
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(d) It is not a defense to prosecution under this section |
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that the actor did not have any previous contact with the other |
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person. |
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SECTION 2. This Act takes effect September 1, 2009. |