H.B. No. 3157
AN ACT
relating to the criminal offenses of violation of civil rights of
and improper sexual activity with persons in custody; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.04(b), Penal Code, is amended to read
as follows:
(b) An offense under Subsection (a)(1) is a felony of the
third degree [Class A misdemeanor]. An offense under Subsection
(a)(2) is a [state jail] felony of the second degree, except that an
offense under Subsection (a)(2) is a felony of the first [second]
degree if the offense is committed against:
(1) an individual in the custody of the Texas Juvenile
Justice Department or placed in a juvenile facility; or
(2) a juvenile offender detained in or committed to a
correctional facility.
SECTION 2. 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 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3157 was passed by the House on May
14, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3157 on May 28, 2021, by the following vote: Yeas 143, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3157 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor