By: Perry S.B. No. 343
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the offense of improper sexual
  activity with a person under supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 39.04, Penal Code, is
  amended to read as follows:
         Sec. 39.04.  VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
  CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER
  SUPERVISION.
         SECTION 2.  Section 39.04(e)(2-a), Penal Code, is amended to
  read as follows:
               (2-a)  "Juvenile facility" means:
                     (A)  a facility operated by the Texas Juvenile
  Justice Department or a private vendor under a contract with the
  Texas Juvenile Justice Department; or
                     (B)  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.  Section 39.04(f), Penal Code, is amended to read
  as follows:
         (f)  An employee of the Texas Department of Criminal Justice,
  the Texas Juvenile Justice Department, a juvenile facility, [or] a
  local juvenile probation department, or a community supervision and
  corrections department established under Chapter 76, Government
  Code, a person other than an employee who works for compensation at
  a juvenile facility or local juvenile probation department, or a
  volunteer at a juvenile facility or local juvenile probation
  department commits an offense if the actor [employee] engages in
  sexual contact, sexual intercourse, or deviate sexual intercourse
  with an individual who the actor [employee] knows is under the
  supervision of the Texas Department of Criminal Justice, Texas
  Juvenile Justice Department, [or] probation department, or
  community supervision and corrections department but not in the
  custody of the Texas Department of Criminal Justice, Texas Juvenile
  Justice Department, [or] probation department, or community
  supervision and corrections department.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 5.  This Act takes effect September 1, 2017.