1 | 1 | | By: West S.B. No. 2792 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to harassment of hospital personnel while the person is on |
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9 | 9 | | hospital property. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 22.11, Texas Penal Code, is amended by |
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12 | 12 | | amending Subsections (a) and (d) to read as follows: |
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13 | 13 | | (a) A person commits an offense if, with the intent to |
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14 | 14 | | assault, harass, or alarm, the person: |
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15 | 15 | | (1) while imprisoned or confined in a correctional or |
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16 | 16 | | detention facility, causes another person to contact the blood, |
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17 | 17 | | seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, |
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18 | 18 | | any other person, or an animal; |
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19 | 19 | | (2) while committed to a civil commitment facility, |
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20 | 20 | | causes: |
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21 | 21 | | (A) an officer or employee of the Texas Civil |
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22 | 22 | | Commitment Office to contact the blood, seminal fluid, vaginal |
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23 | 23 | | fluid, saliva, urine, or feces of the actor, any other person, or an |
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24 | 24 | | animal: |
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25 | 25 | | (i) while the officer or employee is |
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26 | 26 | | lawfully discharging an official duty at a civil commitment |
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27 | 27 | | facility; or |
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28 | 28 | | (ii) in retaliation for or on account of an |
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29 | 29 | | exercise of official power or performance of an official duty by the |
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30 | 30 | | officer or employee; or |
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31 | 31 | | (B) a person who contracts with the state to |
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32 | 32 | | perform a service in the facility or an employee of that person to |
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33 | 33 | | contact the blood, seminal fluid, vaginal fluid, saliva, urine, or |
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34 | 34 | | feces of the actor, any other person, or an animal: |
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35 | 35 | | (i) while the person or employee is engaged |
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36 | 36 | | in performing a service within the scope of the contract, if the |
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37 | 37 | | actor knows the person or employee is authorized by the state to |
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38 | 38 | | provide the service; or |
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39 | 39 | | (ii) in retaliation for or on account of the |
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40 | 40 | | person's or employee's performance of a service within the scope of |
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41 | 41 | | the contract; [or] |
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42 | 42 | | (3) causes another person the actor knows to be a |
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43 | 43 | | public servant to contact the blood, seminal fluid, vaginal fluid, |
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44 | 44 | | saliva, urine, or feces of the actor, any other person, or an animal |
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45 | 45 | | while the public servant is lawfully discharging an official duty |
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46 | 46 | | or in retaliation or on account of an exercise of the public |
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47 | 47 | | servant's official power or performance of an official duty; or |
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48 | 48 | | (4) while on hospital property, causes hospital |
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49 | 49 | | personnel to contact the blood, seminal fluid, vaginal fluid, |
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50 | 50 | | saliva, urine, or feces of the actor, any other person, or an animal |
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51 | 51 | | as an act of physical force unless the contact occurs in the |
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52 | 52 | | ordinary course of delivering healthcare services. |
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53 | 53 | | (d) In this section: [,] |
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54 | 54 | | (1) "correctional or detention facility" means: |
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55 | 55 | | (A) [(1)] a secure correctional facility; or |
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56 | 56 | | (B) [(2)] a "secure correctional facility" or a |
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57 | 57 | | "secure detention facility" as defined by Section 51.02, Family |
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58 | 58 | | Code, operated by or under contract with a juvenile board or the |
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59 | 59 | | Texas Juvenile Justice Department or any other facility operated by |
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60 | 60 | | or under contract with that department; and |
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61 | 61 | | (2) "hospital personnel" includes nurses, physicians, |
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62 | 62 | | physician assistants, maintenance or janitorial staff, |
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63 | 63 | | receptionists, and other individuals who are employed by or work in |
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64 | 64 | | a facility that is licensed as a general hospital or special |
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65 | 65 | | hospital, as those terms are defined by Section 241.003, Health and |
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66 | 66 | | Safety Code, including a hospital maintained or operated by the |
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67 | 67 | | state. |
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68 | 68 | | SECTION 2. This Act takes effect September 1, 2025. |
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