By: Huffman  S.B. No. 1772
         (In the Senate - Filed March 8, 2013; March 25, 2013, read
  first time and referred to Committee on Criminal Justice;
  April 22, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 22, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1772 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the offenses of the violation of civil rights of and
  improper sexual activity with individuals in custody; imposing a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a), (b), and (f), Section 39.04,
  Penal Code, are amended to read as follows:
         (a)  An official of a correctional facility or juvenile
  facility, an employee of a correctional facility or juvenile
  facility, a person other than an employee who works for
  compensation at a correctional facility or juvenile facility, a
  volunteer at a correctional facility or juvenile facility, or a
  peace officer commits an offense if the person intentionally:
               (1)  denies or impedes a person in custody in the
  exercise or enjoyment of any right, privilege, or immunity knowing
  his conduct is unlawful; or
               (2)  engages in sexual contact, sexual intercourse, or
  deviate sexual intercourse with an individual in custody or, in the
  case of an individual in the custody of the Texas Juvenile Justice
  Department or placed in a juvenile facility [Youth Commission],
  employs, authorizes, or induces the individual to engage in sexual
  conduct or a sexual performance.
         (b)  An offense under Subsection (a)(1) is a Class A
  misdemeanor.  An offense under Subsection (a)(2) is a state jail
  felony, except that an offense under Subsection (a)(2) is a felony
  of the second degree if the offense is committed against:
               (1)  an individual in the custody of the Texas Juvenile
  Justice Department or placed in a juvenile facility [Youth
  Commission]; or
               (2)  a juvenile offender detained in or committed to a
  correctional facility [the operation of which is financed primarily
  with state funds].
         (f)  An employee of the Texas Department of Criminal Justice,
  the Texas Juvenile Justice Department [Youth Commission], or a
  local juvenile probation department commits an offense if the
  employee engages in sexual contact, sexual intercourse, or deviate
  sexual intercourse with an individual who the employee knows is
  under the supervision of the Texas Department of Criminal Justice,
  Texas Juvenile Justice Department [department, commission], or
  probation department but not in the custody of the Texas Department
  of Criminal Justice, Texas Juvenile Justice Department 
  [department, commission], or probation department.
         SECTION 2.  Subsection (e), Section 39.04, Penal Code, is
  amended by amending Subdivisions (1) and (2) and adding Subdivision
  (2-a) to read as follows:
               (1)  "Correctional facility" means[:
                     [(A)]  any place described by Section
  1.07(a)(14)[; or
                     [(B)     a "secure correctional facility" or "secure
  detention facility" as defined by Section 51.02, Family Code].
               (2)  "Custody" means the detention, arrest, or
  confinement of an adult offender, [or] the detention of a juvenile
  offender, or the commitment of a juvenile offender to a
  correctional facility or juvenile facility [operated by or under a
  contract with the Texas Youth Commission or a facility operated by
  or under contract with a juvenile board].
               (2-a)  "Juvenile facility" means a facility for the
  detention or placement of juveniles under juvenile court
  jurisdiction and that is operated wholly or partly by the Texas
  Juvenile Justice Department, a juvenile board, or another
  governmental unit or by a private vendor under a contract with the
  Texas Juvenile Justice Department, juvenile board, or governmental
  unit.
         SECTION 3.  This Act takes effect September 1, 2013.
 
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