By: Huffman S.B. No. 1772
(White)
A BILL TO BE ENTITLED
AN ACT
relating to the offenses of the violation of civil rights of and
improper sexual activity with individuals in custody; imposing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a), (b), and (f), Section 39.04,
Penal Code, are amended to read as follows:
(a) An official of a correctional facility or juvenile
facility, an employee of a correctional facility or juvenile
facility, a person other than an employee who works for
compensation at a correctional facility or juvenile facility, a
volunteer at a correctional facility or juvenile facility, or a
peace officer commits an offense if the person intentionally:
(1) denies or impedes a person in custody in the
exercise or enjoyment of any right, privilege, or immunity knowing
his conduct is unlawful; or
(2) engages in sexual contact, sexual intercourse, or
deviate sexual intercourse with an individual in custody or, in the
case of an individual in the custody of the Texas Juvenile Justice
Department or placed in a juvenile facility [Youth Commission],
employs, authorizes, or induces the individual to engage in sexual
conduct or a sexual performance.
(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 [Youth
Commission]; or
(2) a juvenile offender detained in or committed to a
correctional facility [the operation of which is financed primarily
with state funds].
(f) An employee of the Texas Department of Criminal Justice,
the Texas Juvenile Justice Department [Youth Commission], or a
local juvenile probation department commits an offense if the
employee engages in sexual contact, sexual intercourse, or deviate
sexual intercourse with an individual who the employee knows is
under the supervision of the Texas Department of Criminal Justice,
Texas Juvenile Justice Department [department, commission], or
probation department but not in the custody of the Texas Department
of Criminal Justice, Texas Juvenile Justice Department
[department, commission], or probation department.
SECTION 2. Subsection (e), Section 39.04, Penal Code, is
amended by amending Subdivisions (1) and (2) and adding Subdivision
(2-a) to read as follows:
(1) "Correctional facility" means[:
[(A)] any place described by Section
1.07(a)(14)[; or
[(B) a "secure correctional facility" or "secure
detention facility" as defined by Section 51.02, Family Code].
(2) "Custody" means the detention, arrest, or
confinement of an adult offender, [or] the detention of a juvenile
offender, or the commitment of a juvenile offender to a
correctional facility or juvenile facility [operated by or under a
contract with the Texas Youth Commission or a facility operated by
or under contract with a juvenile board].
(2-a) "Juvenile facility" means 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. This Act takes effect September 1, 2013.