By: Perry S.B. No. 343
(Moody, White, Herrero, King of Parker, Hefner)
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of improper sexual
activity with a person under supervision.
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(e)(2-a), Penal Code, is amended to
read as follows:
(2-a) "Juvenile facility" means:
(A) a facility operated by the Texas Juvenile
Justice Department or a private vendor under a contract with the
Texas Juvenile Justice Department; or
(B) a facility for the detention or placement of
juveniles under juvenile court jurisdiction and that is operated
wholly or partly by [the Texas Juvenile Justice Department,] a
juvenile board[,] or another governmental unit or by a private
vendor under a contract with the [Texas Juvenile Justice
Department,] juvenile board[,] or governmental unit.
SECTION 3. 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, a person other than an employee who works for compensation at
a juvenile facility or local juvenile probation department, or a
volunteer at a juvenile facility or local juvenile probation
department commits an offense if the actor [employee] engages in
sexual contact, sexual intercourse, or deviate sexual intercourse
with an individual who the actor [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 4. 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 5. This Act takes effect September 1, 2017.