| 1 | 1 | | 84R1225 ADM-D |
|---|
| 2 | 2 | | By: Miles H.B. No. 266 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to offenses involving violating the civil rights of a |
|---|
| 8 | 8 | | person in custody and engaging in improper sexual activity with a |
|---|
| 9 | 9 | | person in custody; providing certain enhanced penalties. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 39.04, Penal Code, is amended by |
|---|
| 12 | 12 | | amending Subsections (b) and (c) and adding Subsections (b-1), |
|---|
| 13 | 13 | | (c-1), and (c-2) to read as follows: |
|---|
| 14 | 14 | | (b) An offense under Subsection (a)(1) is a Class A |
|---|
| 15 | 15 | | misdemeanor. An offense under Subsection (a)(2) is a state jail |
|---|
| 16 | 16 | | felony, except that an offense under Subsection (a)(2) is: |
|---|
| 17 | 17 | | (1) a felony of the second degree if the offense is |
|---|
| 18 | 18 | | committed against: |
|---|
| 19 | 19 | | (A) [(1)] an individual in the custody of the |
|---|
| 20 | 20 | | Texas Juvenile Justice Department [Youth Commission]; or |
|---|
| 21 | 21 | | (B) [(2)] a juvenile offender detained in or |
|---|
| 22 | 22 | | committed to a correctional facility the operation of which is |
|---|
| 23 | 23 | | financed primarily with state funds; or |
|---|
| 24 | 24 | | (2) a felony of the first degree if, during a period |
|---|
| 25 | 25 | | that is 30 or more days in duration and regardless of whether the |
|---|
| 26 | 26 | | conduct involves one or more victims, the person on two or more |
|---|
| 27 | 27 | | occasions engages in conduct constituting an offense under |
|---|
| 28 | 28 | | Subsection (a)(2) against: |
|---|
| 29 | 29 | | (A) an individual in the custody of the Texas |
|---|
| 30 | 30 | | Juvenile Justice Department; or |
|---|
| 31 | 31 | | (B) a juvenile offender detained in or committed |
|---|
| 32 | 32 | | to a correctional facility the operation of which is financed |
|---|
| 33 | 33 | | primarily with state funds. |
|---|
| 34 | 34 | | (b-1) If a jury is the trier of fact in a case in which the |
|---|
| 35 | 35 | | state seeks to establish punishment under Subsection (b)(2), |
|---|
| 36 | 36 | | members of the jury are not required to agree unanimously on which |
|---|
| 37 | 37 | | specific conduct engaged in by the defendant constituted an offense |
|---|
| 38 | 38 | | under Subsection (a)(2) or on which exact date or dates that conduct |
|---|
| 39 | 39 | | occurred. The jury must agree unanimously that the defendant, |
|---|
| 40 | 40 | | during a period that is 30 or more days in duration, on two or more |
|---|
| 41 | 41 | | occasions engaged in conduct that constituted an offense under |
|---|
| 42 | 42 | | Subsection (a)(2). |
|---|
| 43 | 43 | | (c) This section shall not preclude prosecution for any |
|---|
| 44 | 44 | | other offense set out in this code. If conduct constituting an |
|---|
| 45 | 45 | | offense under this section also constitutes an offense under |
|---|
| 46 | 46 | | another section of this code, the actor may be prosecuted under |
|---|
| 47 | 47 | | either section or under both sections. |
|---|
| 48 | 48 | | (c-1) A defendant may not be convicted in the same criminal |
|---|
| 49 | 49 | | action of another offense the victim of which is an alleged victim |
|---|
| 50 | 50 | | of an offense under Subsection (a)(2) for which the state seeks to |
|---|
| 51 | 51 | | establish punishment under Subsection (b)(2), and an element of |
|---|
| 52 | 52 | | which is any act or conduct that is alleged as an element of the |
|---|
| 53 | 53 | | offense under Subsection (a)(2) for which the state seeks to |
|---|
| 54 | 54 | | establish punishment under Subsection (b)(2), unless the other |
|---|
| 55 | 55 | | offense: |
|---|
| 56 | 56 | | (1) is charged in the alternative; |
|---|
| 57 | 57 | | (2) occurred outside the period in which the offense |
|---|
| 58 | 58 | | under Subsection (a)(2) is alleged to have occurred; or |
|---|
| 59 | 59 | | (3) is considered by the trier of fact to be a lesser |
|---|
| 60 | 60 | | included offense of the offense under Subsection (a)(2). |
|---|
| 61 | 61 | | (c-2) A defendant may not be charged with more than one |
|---|
| 62 | 62 | | count alleging the commission of an offense under Subsection (a)(2) |
|---|
| 63 | 63 | | for which the state seeks to establish punishment under Subsection |
|---|
| 64 | 64 | | (b)(2) if all of the specific conduct that is alleged to have been |
|---|
| 65 | 65 | | engaged in involves a single victim. |
|---|
| 66 | 66 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 67 | 67 | | to an offense committed on or after the effective date of this Act. |
|---|
| 68 | 68 | | An offense committed before the effective date of this Act is |
|---|
| 69 | 69 | | governed by the law in effect when the offense was committed, and |
|---|
| 70 | 70 | | the former law is continued in effect for that purpose. For |
|---|
| 71 | 71 | | purposes of this section, an offense was committed before the |
|---|
| 72 | 72 | | effective date of this Act if any element of the offense occurred |
|---|
| 73 | 73 | | before that date. |
|---|
| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|