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.