Texas House Bill HB79

Texas 2013 - 83rd 1st C.S.

Caption

Relating to the offenses of the violation of civil rights of and improper sexual activity with individuals in custody; imposing a criminal penalty.

Impact

If enacted, HB79 would have significant implications for state laws governing the treatment of individuals in custody. It elevates offenses related to sexual misconduct from misdemeanors to felonies, particularly when the victims are juveniles. By doing so, the bill underscores the state's commitment to safeguarding the rights of vulnerable populations, particularly in the face of potential abuses in correctional settings. Additionally, it sets a precedent for holding individuals in positions of authority accountable, which could steer operational and training reforms within correctional and juvenile justice systems across Texas.

Summary

House Bill 79 seeks to enhance protections for individuals in custody by addressing the offenses of civil rights violations and improper sexual conduct involving these individuals. The bill proposes amendments to current laws under Section 39.04 of the Penal Code, outlining specific actions that constitute crimes when committed by officials or employees at correctional facilities, juvenile facilities, or even peace officers. The primary goal of HB79 is to impose stricter penalties on those who abusive or exploitative behavior towards individuals in their care, including juveniles, thereby reinforcing the importance of maintaining the integrity of the justice system.

Sentiment

The sentiment surrounding HB79 is generally supportive, as it is viewed as a necessary reform to protect individuals in custody from abuse. Advocates argue that the bill reflects a growing recognition of the importance of civil rights within correctional facilities and addresses the need for accountability in situations that historically have seen little oversight. However, there are nuanced discussions regarding the practicality of implementation and the potential administrative burdens this may impose on the facilities involved.

Contention

Notable points of contention primarily revolve around the penalties imposed and the implications for existing structures within the juvenile justice system. Some lawmakers express concern that the increased penalties could lead to unintended consequences, such as overcrowding in the correctional system or penalizing employees for minor infractions. Others argue that the enhancements are essential to foster an environment that is safe and upholds the dignity of all individuals in custody. These debates emphasize ongoing tensions between ensuring the protection of civil rights and maintaining effective operational processes within state facilities.