Texas House Bill HB266

Texas 2015 - 84th Regular

• Filed: 11/12/14

Caption

Relating to offenses involving violating the civil rights of a person in custody and engaging in improper sexual activity with a person in custody; providing certain enhanced penalties.

Impact

If enacted, HB266 would result in more stringent consequences for individuals convicted of sexually inappropriate behavior towards individuals in custody. This legislation underscores the importance of protecting vulnerable populations, particularly juveniles within state facilities. By delineating clear categories of offenses and corresponding penalties, the bill aims to deter potential offenders and reinforce the accountability of those in positions of authority. The changes would particularly elevate the severity of punishment for repeat offenders, thereby promoting a safer environment for those in custody.

Summary

House Bill 266 aims to strengthen the legal protections regarding civil rights violations against individuals in custody. The bill specifically addresses offenses that involve improper sexual activity with persons in custody, proposing enhanced penalties for violators. Under the amended code, certain actions that constitute violations of civil rights are categorized differently based on the specific circumstances of the offense, particularly when the victim is a juvenile or is housed in state-funded correctional facilities. The classification of offenses under this bill ranges from Class A misdemeanors to felonies of varying degrees based on the nature and frequency of the misconduct.

Contention

The bill may face contention surrounding its implications for the judicial process, particularly regarding how jury decisions are made. The provision allowing juries not to require unanimous agreement on specific acts committed over a 30-day period could raise concerns about fairness in trials. Additionally, there will likely be discussions on how this bill may interact with existing legal statutes, especially regarding prosecutions that overlap with other criminal offenses. Stakeholders may debate the adequacy of the penalties and the potential impact on correctional staff, as the legislative changes might shift the dynamics within the facilities significantly.