The bill would amend the Penal Code as it relates to the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody.  The bill defines and adds a juvenile facility to the definition of custody for these offenses. The offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody are punishable as a Class A misdemeanor, a state jail felony, or a second degree felony, depending upon the circumstances.

A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to two years and, in addition to confinement, an optional fine not to exceed $10,000.  A second degree felony is punishable by confinement in prison for a term of two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill's provisions expand the definition for the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody.  This change is expected to increase demands on state and county correctional resources by increasing the number of offenders eligible for confinement in state and county correctional facilities.  However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.  In fiscal year 2012, there were 32 arrests, 21 community supervision placements, and ten admissions to prison for the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody.