By: West S.B. No. 2792
A BILL TO BE ENTITLED
AN ACT
relating to harassment of hospital personnel while the person is on
hospital property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.11, Texas Penal Code, is amended by
amending Subsections (a) and (d) to read as follows:
(a) A person commits an offense if, with the intent to
assault, harass, or alarm, the person:
(1) while imprisoned or confined in a correctional or
detention facility, causes another person to contact the blood,
seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,
any other person, or an animal;
(2) while committed to a civil commitment facility,
causes:
(A) an officer or employee of the Texas Civil
Commitment Office to contact the blood, seminal fluid, vaginal
fluid, saliva, urine, or feces of the actor, any other person, or an
animal:
(i) while the officer or employee is
lawfully discharging an official duty at a civil commitment
facility; or
(ii) in retaliation for or on account of an
exercise of official power or performance of an official duty by the
officer or employee; or
(B) a person who contracts with the state to
perform a service in the facility or an employee of that person to
contact the blood, seminal fluid, vaginal fluid, saliva, urine, or
feces of the actor, any other person, or an animal:
(i) while the person or employee is engaged
in performing a service within the scope of the contract, if the
actor knows the person or employee is authorized by the state to
provide the service; or
(ii) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract; [or]
(3) causes another person the actor knows to be a
public servant to contact the blood, seminal fluid, vaginal fluid,
saliva, urine, or feces of the actor, any other person, or an animal
while the public servant is lawfully discharging an official duty
or in retaliation or on account of an exercise of the public
servant's official power or performance of an official duty; or
(4) while on hospital property, causes hospital
personnel to contact the blood, seminal fluid, vaginal fluid,
saliva, urine, or feces of the actor, any other person, or an animal
as an act of physical force unless the contact occurs in the
ordinary course of delivering healthcare services.
(d) In this section: [,]
(1) "correctional or detention facility" means:
(A) [(1)] a secure correctional facility; or
(B) [(2)] a "secure correctional facility" or a
"secure detention facility" as defined by Section 51.02, Family
Code, operated by or under contract with a juvenile board or the
Texas Juvenile Justice Department or any other facility operated by
or under contract with that department; and
(2) "hospital personnel" includes nurses, physicians,
physician assistants, maintenance or janitorial staff,
receptionists, and other individuals who are employed by or work in
a facility that is licensed as a general hospital or special
hospital, as those terms are defined by Section 241.003, Health and
Safety Code, including a hospital maintained or operated by the
state.
SECTION 2. This Act takes effect September 1, 2025.