HBA-RBT H.B. 3251 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3251
By: Allen
Criminal Jurisprudence
3/27/1999
Introduced



BACKGROUND AND PURPOSE 

Over the past year, the Texas Youth Commission and county-operated juvenile
detention and correctional programs have experienced an increase in
inappropriate, but consensual sexual contact between juvenile inmates and
correctional staff members.  These employees are invariable fired, but when
the youths are over age 17, these employees have committed no crime.
Section 39.04 (Violations of the Civil Rights of Person in Custody;
Improper Sexual Activity With Person in Custody), Penal Code, provides that
an employee of a correctional facility who engages in certain sexual
conduct with an inmate commits a state jail felony.  H.B. 3251 extends the
application of Section 39.04 to employees of juvenile correctional
facilities and juvenile detention centers and expands the prohibited
activity to include sexual contact. 

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(a), Penal Code, to include an employee of
a correctional facility or a peace officer engaging in sexual contact with
an individual in custody among those who commits an offense.  Makes a
confoming change.   

SECTION 2.  Amends Section 39.04(e), Election Code, to define "correctional
facility" and redefine "custody" and define "sexual contact." 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.