| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the punishment for the criminal offense of improper |
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| 6 | 8 | | sexual activity with a person in custody; increasing a criminal |
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| 7 | 9 | | penalty. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Section 39.04(b), Penal Code, is amended to read |
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| 10 | 12 | | as follows: |
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| 11 | 13 | | (b) An offense under Subsection (a)(1) is a Class A |
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| 12 | 14 | | misdemeanor. An offense under Subsection (a)(2) is a [state jail |
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| 13 | 15 | | felony, except that an offense under Subsection (a)(2) is a] felony |
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| 14 | 16 | | of the second degree [if the offense is committed against: |
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| 15 | 17 | | [(1) an individual in the custody of the Texas Juvenile |
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| 16 | 18 | | Justice Department or placed in a juvenile facility; or |
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| 17 | 19 | | [(2) a juvenile offender detained in or committed to a |
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| 18 | 20 | | correctional facility]. |
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| 19 | 21 | | SECTION 2. The change in law made by this Act applies only |
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| 20 | 22 | | to an offense committed on or after the effective date of this Act. |
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| 21 | 23 | | An offense committed before the effective date of this Act is |
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| 22 | 24 | | governed by the law in effect on the date the offense was committed, |
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| 23 | 25 | | and the former law is continued in effect for that purpose. For |
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| 24 | 26 | | purposes of this section, an offense was committed before the |
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| 25 | 27 | | effective date of this Act if any element of the offense occurred |
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| 26 | 28 | | before that date. |
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| 27 | 29 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 28 | | - | ______________________________ ______________________________ |
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| 29 | | - | President of the Senate Speaker of the House |
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| 30 | | - | I hereby certify that S.B. No. 312 passed the Senate on |
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| 31 | | - | April 19, 2021, by the following vote: Yeas 31, Nays 0; and that |
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| 32 | | - | the Senate concurred in House amendments on May 27, 2021, by the |
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| 33 | | - | following vote: Yeas 31, Nays 0. |
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| 34 | | - | ______________________________ |
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| 35 | | - | Secretary of the Senate |
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| 36 | | - | I hereby certify that S.B. No. 312 passed the House, with |
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| 37 | | - | amendments, on May 19, 2021, by the following vote: Yeas 144, |
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| 38 | | - | Nays 0, two present not voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | Approved: |
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| 42 | | - | ______________________________ |
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| 43 | | - | Date |
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| 44 | | - | ______________________________ |
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| 45 | | - | Governor |
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