Texas 2015 - 84th Regular

Texas Senate Bill SB183 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, et al. S.B. No. 183
2		-	(White of Tyler)
	1	+	S.B. No. 183
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the offenses of the violation of civil rights of and
8	6		improper sexual activity with individuals in custody; imposing a
9	7		criminal penalty.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Sections 39.04(a), (b), and (f), Penal Code, are
12	10		amended to read as follows:
13	11		(a) An official of a correctional facility or juvenile
14	12		facility, an employee of a correctional facility or juvenile
15	13		facility, a person other than an employee who works for
16	14		compensation at a correctional facility or juvenile facility, a
17	15		volunteer at a correctional facility or juvenile facility, or a
18	16		peace officer commits an offense if the person intentionally:
19	17		(1) denies or impedes a person in custody in the
20	18		exercise or enjoyment of any right, privilege, or immunity knowing
21	19		his conduct is unlawful; or
22	20		(2) engages in sexual contact, sexual intercourse, or
23	21		deviate sexual intercourse with an individual in custody or, in the
24	22		case of an individual in the custody of the Texas Juvenile Justice
25	23		Department or placed in a juvenile facility [Youth Commission],
26	24		employs, authorizes, or induces the individual to engage in sexual
27	25		conduct or a sexual performance.
28	26		(b) An offense under Subsection (a)(1) is a Class A
29	27		misdemeanor. An offense under Subsection (a)(2) is a state jail
30	28		felony, except that an offense under Subsection (a)(2) is a felony
31	29		of the second degree if the offense is committed against:
32	30		(1) an individual in the custody of the Texas Juvenile
33	31		Justice Department or placed in a juvenile facility [Youth
34	32		Commission]; or
35	33		(2) a juvenile offender detained in or committed to a
36	34		correctional facility [the operation of which is financed primarily
37	35		with state funds].
38	36		(f) An employee of the Texas Department of Criminal Justice,
39	37		the Texas Juvenile Justice Department [Youth Commission], a
40	38		juvenile facility, or a local juvenile probation department commits
41	39		an offense if the employee engages in sexual contact, sexual
42	40		intercourse, or deviate sexual intercourse with an individual who
43	41		the employee knows is under the supervision of the Texas Department
44	42		of Criminal Justice, Texas Juvenile Justice Department
45	43		[department, commission], or probation department but not in the
46	44		custody of the Texas Department of Criminal Justice, Texas Juvenile
47	45		Justice Department [department, commission], or probation
48	46		department.
49	47		SECTION 2. Section 39.04(e), Penal Code, is amended by
50	48		amending Subdivisions (1) and (2) and adding Subdivision (2-a) to
51	49		read as follows:
52	50		(1) "Correctional facility" means[:
53	51		[(A)] any place described by Section
54	52		1.07(a)(14)[; or
55	53		[(B) a "secure correctional facility" or "secure
56	54		detention facility" as defined by Section 51.02, Family Code].
57	55		(2) "Custody" means the detention, arrest, or
58	56		confinement of an adult offender, [or] the detention of a juvenile
59	57		offender, or the commitment of a juvenile offender to a
60	58		correctional facility or juvenile facility [operated by or under a
61	59		contract with the Texas Youth Commission or a facility operated by
62	60		or under contract with a juvenile board].
63	61		(2-a) "Juvenile facility" means a facility for the
64	62		detention or placement of juveniles under juvenile court
65	63		jurisdiction and that is operated wholly or partly by the Texas
66	64		Juvenile Justice Department, a juvenile board, or another
67	65		governmental unit or by a private vendor under a contract with the
68	66		Texas Juvenile Justice Department, juvenile board, or governmental
69	67		unit.
70	68		SECTION 3. This Act takes effect September 1, 2015.
	69	+	______________________________ ______________________________
	70	+	President of the Senate Speaker of the House
	71	+	I hereby certify that S.B. No. 183 passed the Senate on
	72	+	April 30, 2015, by the following vote: Yeas 31, Nays 0.
	73	+	______________________________
	74	+	Secretary of the Senate
	75	+	I hereby certify that S.B. No. 183 passed the House on
	76	+	May 27, 2015, by the following vote: Yeas 144, Nays 0,
	77	+	two present not voting.
	78	+	______________________________
	79	+	Chief Clerk of the House
	80	+	Approved:
	81	+	______________________________
	82	+	Date
	83	+	______________________________
	84	+	Governor