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A BILL TO BE ENTITLED
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AN ACT
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relating to the offenses of the violation of civil rights of and |
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improper sexual activity with individuals in custody; imposing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a), (b), and (f), Section 39.04, |
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Penal Code, are amended to read as follows: |
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(a) An official of a correctional facility or juvenile |
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facility, an employee of a correctional facility or juvenile |
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facility, a person other than an employee who works for |
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compensation at a correctional facility or juvenile facility, a |
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volunteer at a correctional facility or juvenile facility, or a |
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peace officer commits an offense if the person intentionally: |
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(1) denies or impedes a person in custody in the |
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exercise or enjoyment of any right, privilege, or immunity knowing |
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his conduct is unlawful; or |
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(2) engages in sexual contact, sexual intercourse, or |
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deviate sexual intercourse with an individual in custody or, in the |
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case of an individual in the custody of the Texas Juvenile Justice |
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Department or placed in a juvenile facility [Youth Commission], |
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employs, authorizes, or induces the individual to engage in sexual |
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conduct or a sexual performance. |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor. An offense under Subsection (a)(2) is a state jail |
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felony, except that an offense under Subsection (a)(2) is a felony |
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of the second degree if the offense is committed against: |
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(1) an individual in the custody of the Texas Juvenile |
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Justice Department or placed in a juvenile facility [Youth
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Commission]; or |
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(2) a juvenile offender detained in or committed to a |
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correctional facility [the operation of which is financed primarily
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with state funds]. |
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(f) An employee of the Texas Department of Criminal Justice, |
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the Texas Juvenile Justice Department [Youth Commission], or a |
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local juvenile probation department commits an offense if the |
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employee engages in sexual contact, sexual intercourse, or deviate |
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sexual intercourse with an individual who the employee knows is |
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under the supervision of the Texas Department of Criminal Justice, |
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Texas Juvenile Justice Department [department, commission], or |
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probation department but not in the custody of the Texas Department |
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of Criminal Justice, Texas Juvenile Justice Department |
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[department, commission], or probation department. |
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SECTION 2. Subsection (e), Section 39.04, Penal Code, is |
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amended by amending Subdivisions (1) and (2) and adding Subdivision |
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(2-a) to read as follows: |
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(1) "Correctional facility" means[:
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[(A)] any place described by Section |
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1.07(a)(14)[; or
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[(B)
a "secure correctional facility" or "secure
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detention facility" as defined by Section 51.02, Family Code]. |
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(2) "Custody" means the detention, arrest, or |
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confinement of an adult offender, [or] the detention of a juvenile |
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offender, or the commitment of a juvenile offender to a |
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correctional facility or juvenile facility [operated by or under a
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contract with the Texas Youth Commission or a facility operated by
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or under contract with a juvenile board]. |
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(2-a) "Juvenile facility" means a facility for the |
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detention or placement of juveniles under juvenile court |
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jurisdiction and that is operated wholly or partly by the Texas |
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Juvenile Justice Department, a juvenile board, or another |
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governmental unit or by a private vendor under a contract with the |
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Texas Juvenile Justice Department, juvenile board, or governmental |
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unit. |
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SECTION 3. This Act takes effect September 1, 2013. |