By: Huffman, et al. S.B. No. 312
 
  (Smith)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the criminal offense of improper
  sexual activity with a person in custody; increasing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.04(b), Penal Code, is amended to read
  as follows:
         (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; or
               [(2) a juvenile offender detained in or committed to a
  correctional facility].
         SECTION 2.  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 3.  This Act takes effect September 1, 2021.