Bill Text: TX HB79 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to the offenses of the violation of civil rights of and improper sexual activity with individuals in custody; imposing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-17 - Filed [HB79 Detail]
Download: Texas-2013-HB79-Introduced.html
83S10446 ADM-F | ||
By: White | H.B. No. 79 |
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relating to the offenses of the violation of civil rights of and | ||
improper sexual activity with individuals in custody; imposing a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 39.04(a), (b), and (f), Penal Code, are | ||
amended to read as follows: | ||
(a) An official of a correctional facility or juvenile | ||
facility, an employee of a correctional facility or juvenile | ||
facility, a person other than an employee who works for | ||
compensation at a correctional facility or juvenile facility, a | ||
volunteer at a correctional facility or juvenile facility, or a | ||
peace officer commits an offense if the person intentionally: | ||
(1) denies or impedes a person in custody in the | ||
exercise or enjoyment of any right, privilege, or immunity knowing | ||
his conduct is unlawful; or | ||
(2) engages in sexual contact, sexual intercourse, or | ||
deviate sexual intercourse with an individual in custody or, in the | ||
case of an individual in the custody of the Texas Juvenile Justice | ||
Department or placed in a juvenile facility [ |
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employs, authorizes, or induces the individual to engage in sexual | ||
conduct or a sexual performance. | ||
(b) An offense under Subsection (a)(1) is a Class A | ||
misdemeanor. An offense under Subsection (a)(2) is a state jail | ||
felony, except that an offense under Subsection (a)(2) is a felony | ||
of the 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 [ |
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(2) a juvenile offender detained in or committed to a | ||
correctional facility [ |
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(f) An employee of the Texas Department of Criminal Justice, | ||
the Texas Juvenile Justice Department [ |
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local juvenile probation department commits an offense if the | ||
employee engages in sexual contact, sexual intercourse, or deviate | ||
sexual intercourse with an individual who the employee knows is | ||
under the supervision of the Texas Department of Criminal Justice, | ||
Texas Juvenile Justice Department [ |
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probation department but not in the custody of the Texas Department | ||
of Criminal Justice, Texas Juvenile Justice Department | ||
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SECTION 2. Section 39.04(e), Penal Code, is amended by | ||
amending Subdivisions (1) and (2) and adding Subdivision (2-a) to | ||
read as follows: | ||
(1) "Correctional facility" means[ |
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1.07(a)(14)[ |
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(2) "Custody" means the detention, arrest, or | ||
confinement of an adult offender, [ |
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offender, or the commitment of a juvenile offender to a | ||
correctional facility or juvenile facility [ |
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(2-a) "Juvenile facility" means a facility for the | ||
detention or placement of juveniles under juvenile court | ||
jurisdiction and that is operated wholly or partly by the Texas | ||
Juvenile Justice Department, a juvenile board, or another | ||
governmental unit or by a private vendor under a contract with the | ||
Texas Juvenile Justice Department, juvenile board, or governmental | ||
unit. | ||
SECTION 3. This Act takes effect October 1, 2013. |