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.