Texas 2017 - 85th Regular

Texas Senate Bill SB343 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry S.B. No. 343
2		-	(Moody, White, Herrero, King of Parker, Hefner)
	1	+	S.B. No. 343
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the prosecution of the offense of improper sexual
8	6		activity with a person under supervision.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. The heading to Section 39.04, Penal Code, is
11	9		amended to read as follows:
12	10		Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
13	11		CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER
14	12		SUPERVISION.
15	13		SECTION 2. Section 39.04(e)(2-a), Penal Code, is amended to
16	14		read as follows:
17	15		(2-a) "Juvenile facility" means:
18	16		(A) a facility operated by the Texas Juvenile
19	17		Justice Department or a private vendor under a contract with the
20	18		Texas Juvenile Justice Department; or
21	19		(B) a facility for the detention or placement of
22	20		juveniles under juvenile court jurisdiction and that is operated
23	21		wholly or partly by [the Texas Juvenile Justice Department,] a
24	22		juvenile board[,] or another governmental unit or by a private
25	23		vendor under a contract with the [Texas Juvenile Justice
26	24		Department,] juvenile board[,] or governmental unit.
27	25		SECTION 3. Section 39.04(f), Penal Code, is amended to read
28	26		as follows:
29	27		(f) An employee of the Texas Department of Criminal Justice,
30	28		the Texas Juvenile Justice Department, a juvenile facility, [or] a
31	29		local juvenile probation department, or a community supervision and
32	30		corrections department established under Chapter 76, Government
33	31		Code, a person other than an employee who works for compensation at
34	32		a juvenile facility or local juvenile probation department, or a
35	33		volunteer at a juvenile facility or local juvenile probation
36	34		department commits an offense if the actor [employee] engages in
37	35		sexual contact, sexual intercourse, or deviate sexual intercourse
38	36		with an individual who the actor [employee] knows is under the
39	37		supervision of the Texas Department of Criminal Justice, Texas
40	38		Juvenile Justice Department, [or] probation department, or
41	39		community supervision and corrections department but not in the
42	40		custody of the Texas Department of Criminal Justice, Texas Juvenile
43	41		Justice Department, [or] probation department, or community
44	42		supervision and corrections department.
45	43		SECTION 4. The change in law made by this Act applies only
46	44		to an offense committed on or after the effective date of this Act.
47	45		An offense committed before the effective date of this Act is
48	46		governed by the law in effect on the date the offense was committed,
49	47		and the former law is continued in effect for that purpose. For
50	48		purposes of this section, an offense was committed before the
51	49		effective date of this Act if any element of the offense occurred
52	50		before that date.
53	51		SECTION 5. This Act takes effect September 1, 2017.
	52	+	______________________________ ______________________________
	53	+	President of the Senate Speaker of the House
	54	+	I hereby certify that S.B. No. 343 passed the Senate on
	55	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	56	+	______________________________
	57	+	Secretary of the Senate
	58	+	I hereby certify that S.B. No. 343 passed the House on
	59	+	May 24, 2017, by the following vote: Yeas 146, Nays 0, two
	60	+	present not voting.
	61	+	______________________________
	62	+	Chief Clerk of the House
	63	+	Approved:
	64	+	______________________________
	65	+	Date
	66	+	______________________________
	67	+	Governor