HBA-BSM H.B. 2890 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2890 By: McClendon Criminal Jurisprudence 4/12/2001 Introduced BACKGROUND AND PURPOSE Currently, there is no law to punish those who contact without consent a victim through letter, telephone, or other means while the offender is 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. EFFECTIVE DATE September 1, 2001.