HBA-RBT, PDH C.S.H.B. 540 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 540 By: Smith Criminal Jurisprudence 4/12/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, it is a state jail felony for officials or employees of a correctional facility to have sexual intercourse or deviate sexual intercourse with an individual in custody. The statute does not specifically cover sexual contact that might occur between officials or employees of a correctional facility and individuals in custody. The current statute also does not extend to sexual contact, sexual intercourse or deviate sexual intercourse that might occur between Texas Department of Criminal Justice (TDCJ) employees and releasees under the supervision of TDCJ. C.S.H.B. 540 includes sexual contact that occurs between an official or employee of a correctional facility and an individual in custody, and sexual contact, sexual intercourse, or deviate sexual intercourse when it occurs between an employee of TDCJ and an individual under supervised release, and between community supervision officers and individuals on parole or community supervision, as a violation of Section 39.04, Penal Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 39.04, Penal Code, as follows: Sec. 39.04. New title: VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER SUPERVISED RELEASE. Adds "or under supervised release" to the existing title. Includes sexual contact as conduct constituting an offense under this section if intentionally committed by an official or employee of a correctional facility or a peace officer. Provides that an employee of the Texas Department of Criminal Justice commits an offense if the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual known by the employee to be under supervised release who is not the employee's spouse. Redesignates existing Subsections (b) (e) to Subsections (c) - (f), respectively. Makes conforming changes. SECTION 2.Makes application of this Act prospective. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original by incorporating the text of proposed Subdivisions (1) and (2) into proposed Subsection (b), in proposed Section 39.04, Penal Code, of the original. Specifies that the employee must know that an individual is under the supervision of TDCJ to commit that offense.