Texas 2013 - 83rd Regular

Texas Senate Bill SB1772 Compare Versions

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1	1	By: Huffman S.B. No. 1772
2	2	(White)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the offenses of the violation of civil rights of and
8	8	improper sexual activity with individuals in custody; imposing a
9	9	criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsections (a), (b), and (f), Section 39.04,
12	12	Penal Code, are amended to read as follows:
13	13	(a) An official of a correctional facility or juvenile
14	14	facility, an employee of a correctional facility or juvenile
15	15	facility, a person other than an employee who works for
16	16	compensation at a correctional facility or juvenile facility, a
17	17	volunteer at a correctional facility or juvenile facility, or a
18	18	peace officer commits an offense if the person intentionally:
19	19	(1) denies or impedes a person in custody in the
20	20	exercise or enjoyment of any right, privilege, or immunity knowing
21	21	his conduct is unlawful; or
22	22	(2) engages in sexual contact, sexual intercourse, or
23	23	deviate sexual intercourse with an individual in custody or, in the
24	24	case of an individual in the custody of the Texas Juvenile Justice
25	25	Department or placed in a juvenile facility [Youth Commission],
26	26	employs, authorizes, or induces the individual to engage in sexual
27	27	conduct or a sexual performance.
28	28	(b) An offense under Subsection (a)(1) is a Class A
29	29	misdemeanor. An offense under Subsection (a)(2) is a state jail
30	30	felony, except that an offense under Subsection (a)(2) is a felony
31	31	of the second degree if the offense is committed against:
32	32	(1) an individual in the custody of the Texas Juvenile
33	33	Justice Department or placed in a juvenile facility [Youth
34	34	Commission]; or
35	35	(2) a juvenile offender detained in or committed to a
36	36	correctional facility [the operation of which is financed primarily
37	37	with state funds].
38	38	(f) An employee of the Texas Department of Criminal Justice,
39	39	the Texas Juvenile Justice Department [Youth Commission], or a
40	40	local juvenile probation department commits an offense if the
41	41	employee engages in sexual contact, sexual intercourse, or deviate
42	42	sexual intercourse with an individual who the employee knows is
43	43	under the supervision of the Texas Department of Criminal Justice,
44	44	Texas Juvenile Justice Department [department, commission], or
45	45	probation department but not in the custody of the Texas Department
46	46	of Criminal Justice, Texas Juvenile Justice Department
47	47	[department, commission], or probation department.
48	48	SECTION 2. Subsection (e), Section 39.04, Penal Code, is
49	49	amended by amending Subdivisions (1) and (2) and adding Subdivision
50	50	(2-a) to read as follows:
51	51	(1) "Correctional facility" means[:
52	52	[(A)] any place described by Section
53	53	1.07(a)(14)[; or
54	54	[(B) a "secure correctional facility" or "secure
55	55	detention facility" as defined by Section 51.02, Family Code].
56	56	(2) "Custody" means the detention, arrest, or
57	57	confinement of an adult offender, [or] the detention of a juvenile
58	58	offender, or the commitment of a juvenile offender to a
59	59	correctional facility or juvenile facility [operated by or under a
60	60	contract with the Texas Youth Commission or a facility operated by
61	61	or under contract with a juvenile board].
62	62	(2-a) "Juvenile facility" means a facility for the
63	63	detention or placement of juveniles under juvenile court
64	64	jurisdiction and that is operated wholly or partly by the Texas
65	65	Juvenile Justice Department, a juvenile board, or another
66	66	governmental unit or by a private vendor under a contract with the
67	67	Texas Juvenile Justice Department, juvenile board, or governmental
68	68	unit.
69	69	SECTION 3. This Act takes effect September 1, 2013.