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A BILL TO BE ENTITLED
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AN ACT
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relating to persons who may be prosecuted for the criminal offense |
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of improper contact with a victim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.111(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person, while |
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confined in a correctional facility after being charged with or |
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convicted of an offense listed in Article 62.001(5), Code of |
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Criminal Procedure, contacts by letter, telephone, or any other |
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means, either directly or through a third party, a victim of the |
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offense or a member of the victim's family, if [:
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[(1)
the victim was younger than 17 years of age at the
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time of the commission of the offense for which the person is
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confined; and
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[(2)] the director of the correctional facility has |
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not, before the person makes contact with the victim: |
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(1) [(A)] received written and dated consent to the |
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contact from: |
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(A) the victim, if the victim was 17 years of age |
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or older at the time of the commission of the offense for which the |
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person is confined; or |
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(B) if the victim was younger than 17 years of age |
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at the time of the commission of the offense for which the person is |
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confined: |
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(i) a parent of the victim; |
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(ii) a legal guardian of the victim; |
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(iii) the victim, if the victim is 17 years |
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of age or older at the time of giving the consent; or |
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(iv) a member of the victim's family who is |
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17 years of age or older; and |
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(2) [(B)] provided the person with a copy of the |
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consent. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |