85R4358 MAW-D
By: Perry S.B. No. 343
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of improper sexual
activity with a person under the supervision of a community
supervision and corrections department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 39.04, Penal Code, is
amended to read as follows:
Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER
SUPERVISION.
SECTION 2. Section 39.04(f), Penal Code, is amended to read
as follows:
(f) An employee of the Texas Department of Criminal Justice,
the Texas Juvenile Justice Department, a juvenile facility, [or] a
local juvenile probation department, or a community supervision and
corrections department established under Chapter 76, Government
Code, commits an offense if the employee engages in sexual contact,
sexual intercourse, or deviate sexual intercourse with an
individual who the employee knows is under the supervision of the
Texas Department of Criminal Justice, Texas Juvenile Justice
Department, [or] probation department, or community supervision
and corrections department but not in the custody of the Texas
Department of Criminal Justice, Texas Juvenile Justice Department,
[or] probation department, or community supervision and
corrections department.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2017.