HBA-AMW H.B. 2097 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2097
By: Morrison
Criminal Jurisprudence
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law provided that it was a state jail
felony for an official or employee of a correctional facility or a peace
officer to engage in sexual contact, sexual intercourse, or deviate sexual
intercourse with an individual in custody.  However, this prohibition
against improper sexual activity with an individual in custody did not
include contract employees or volunteers at a correctional facility.  House
Bill 2097 extends the prohibition against engaging in improper sexual
activity with an individual in custody to a person other than an employee
who works for compensation at a correctional facility and to a volunteer at
a correctional facility. 

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 2097 amends the Penal Code to add a person other than an
employee who works for compensation at a correctional facility and a
volunteer at a correctional facility to the list of individuals who commit
an offense if the individuals violate the civil rights of a person in
custody or engage in sexual conduct with a person in custody.   

EFFECTIVE DATE

September 1, 2001.