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AN ACT
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relating to the criminal offenses of violation of civil rights of |
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and improper sexual activity with persons in custody; increasing 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. Section 39.04(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under Subsection (a)(1) is a felony of the |
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third degree [Class A misdemeanor]. An offense under Subsection |
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(a)(2) is a [state jail] felony of the second degree, except that an |
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offense under Subsection (a)(2) is a felony of the first [second] |
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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; or |
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(2) a juvenile offender detained in or committed to a |
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correctional facility. |
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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, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3157 was passed by the House on May |
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14, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3157 on May 28, 2021, by the following vote: Yeas 143, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3157 was passed by the Senate, with |
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amendments, on May 26, 2021, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |