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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of improper sexual |
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activity with a person under supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 39.04, Penal Code, is |
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amended to read as follows: |
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Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN |
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CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER |
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SUPERVISION. |
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SECTION 2. Section 39.04(e)(2-a), Penal Code, is amended to |
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read as follows: |
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(2-a) "Juvenile facility" means: |
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(A) a facility operated by the Texas Juvenile |
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Justice Department or a private vendor under a contract with the |
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Texas Juvenile Justice Department; or |
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(B) a facility for the detention or placement of |
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juveniles under juvenile court jurisdiction and that is operated |
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wholly or partly by [the Texas Juvenile Justice Department,] a |
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juvenile board[,] or another governmental unit or by a private |
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vendor under a contract with the [Texas Juvenile Justice
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Department,] juvenile board[,] or governmental unit. |
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SECTION 3. Section 39.04(f), Penal Code, is amended to read |
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as follows: |
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(f) An employee of the Texas Department of Criminal Justice, |
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the Texas Juvenile Justice Department, a juvenile facility, [or] a |
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local juvenile probation department, or a community supervision and |
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corrections department established under Chapter 76, Government |
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Code, a person other than an employee who works for compensation at |
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a juvenile facility or local juvenile probation department, or a |
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volunteer at a juvenile facility or local juvenile probation |
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department commits an offense if the actor [employee] engages in |
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sexual contact, sexual intercourse, or deviate sexual intercourse |
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with an individual who the actor [employee] knows is under the |
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supervision of the Texas Department of Criminal Justice, Texas |
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Juvenile Justice Department, [or] probation department, or |
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community supervision and corrections department but not in the |
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custody of the Texas Department of Criminal Justice, Texas Juvenile |
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Justice Department, [or] probation department, or community |
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supervision and corrections department. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |