TX
Texas House Bill HB3157

Texas 2021 - 87th Regular

Texas House Bill HB3157 Compare Versions

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1-H.B. No. 3157
1+By: Reynolds, et al. (Senate Sponsor - Miles) H.B. No. 3157
2+ (In the Senate - Received from the House May 17, 2021;
3+ May 17, 2021, read first time and referred to Committee on Criminal
4+ Justice; May 22, 2021, reported favorably by the following vote:
5+ Yeas 7, Nays 0; May 22, 2021, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the criminal offenses of violation of civil rights of
612 and improper sexual activity with persons in custody; increasing a
713 criminal penalty.
814 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9- SECTION 1. Section 39.04(b), Penal Code, is amended to read
10- as follows:
15+ SECTION 1. Sections 39.04(a) and (b), Penal Code, are
16+ amended to read as follows:
17+ (a) An official of a correctional facility or juvenile
18+ facility, an employee of a correctional facility or juvenile
19+ facility, a person other than an employee who works for
20+ compensation at a correctional facility or juvenile facility, a
21+ volunteer at a correctional facility or juvenile facility, or a
22+ peace officer commits an offense if the person intentionally:
23+ (1) denies or impedes a person in custody in the
24+ exercise or enjoyment of any right, privilege, or immunity [knowing
25+ his conduct is unlawful]; or
26+ (2) engages in sexual contact, sexual intercourse, or
27+ deviate sexual intercourse with an individual in custody or, in the
28+ case of an individual in the custody of the Texas Juvenile Justice
29+ Department or placed in a juvenile facility, employs, authorizes,
30+ or induces the individual to engage in sexual conduct or a sexual
31+ performance.
1132 (b) An offense under Subsection (a)(1) is a felony of the
1233 third degree [Class A misdemeanor]. An offense under Subsection
1334 (a)(2) is a [state jail] felony of the second degree, except that an
1435 offense under Subsection (a)(2) is a felony of the first [second]
1536 degree if the offense is committed against:
1637 (1) an individual in the custody of the Texas Juvenile
1738 Justice Department or placed in a juvenile facility; or
1839 (2) a juvenile offender detained in or committed to a
1940 correctional facility.
2041 SECTION 2. The change in law made by this Act applies only
2142 to an offense committed on or after the effective date of this Act.
2243 An offense committed before the effective date of this Act is
2344 governed by the law in effect on the date the offense was committed,
2445 and the former law is continued in effect for that purpose. For
2546 purposes of this section, an offense was committed before the
2647 effective date of this Act if any element of the offense occurred
2748 before that date.
2849 SECTION 3. This Act takes effect September 1, 2021.
29- ______________________________ ______________________________
30- President of the Senate Speaker of the House
31- I certify that H.B. No. 3157 was passed by the House on May
32- 14, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
33- voting; and that the House concurred in Senate amendments to H.B.
34- No. 3157 on May 28, 2021, by the following vote: Yeas 143, Nays 0,
35- 1 present, not voting.
36- ______________________________
37- Chief Clerk of the House
38- I certify that H.B. No. 3157 was passed by the Senate, with
39- amendments, on May 26, 2021, by the following vote: Yeas 29, Nays
40- 2.
41- ______________________________
42- Secretary of the Senate
43- APPROVED: __________________
44- Date
45- __________________
46- Governor
50+ * * * * *