HBA-BSM H.B. 2890 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2890
By: McClendon
Criminal Jurisprudence
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, there was no law to punish those who
contacted without consent a victim through letter, telephone, or other
means while the offender was confined in a correctional facility after
being charged with or convicted of certain sexual offenses.  In cases of
sexual assault of children, the receipt of a letter or telephone call from
the offender can be devastating to the child and the child's family. House
Bill 2890 creates an offense if a person while confined in a correctional
facility after being charged with or convicted of a certain sexual offense
contacts the victim without consent.  The bill provides that the offense is
a Class A misdemeanor unless the offender has previously been convicted of
the same offense, in which case it is a third degree felony.  

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. 

ANALYSIS

House Bill 2890 amends the Penal Code to provide that a person  commits an
offense if the person, while confined in a correctional facility after
being charged with or convicted of a sexual offense contacts by letter,
telephone, or any other means either directly or through a third party a
victim of the offense or a member of the victim's family if the victim was
younger than 17 years of age at the time of the offense and specified
requirements for consent to contact are not met.  The bill provides that it
is an affirmative defense to prosecution that the contact was  indirect
contact made through an attorney representing the person in custody and
solely for the purpose of representing the person in a criminal proceeding.
An offense under these provisions is a Class A misdemeanor unless the actor
is confined in a correctional facility after being convicted of a sexual
offense felony, in which event the offense is a felony of the third degree.
The bill provides that a correctional facility or an officer or employee of
a correctional facility is not liable for damages arising from an act
committed by a person confined in the correctional facility.  The bill also
provides that it is an offense for a public servant or other person, unless
the disclosure is required or permitted by other law, to release
information about the victim to any person who is not assisting in the
investigation, prosecution, or defense of the case. 

EFFECTIVE DATE

September 1, 2001.