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.