Highlights 77th Texas Legislature - Senate

CRIMINAL JUSTICE
Offenses
USTICE/Sex Offenders and
77 th Texas Legislature
Makes it a Class A misdemeanor or a third degree felony for an incarcerated sex offender to contact by
letter, telephone, or any other means, either directly or through a third party, a victim of the sex offense or a
member of the victim’s family if:
• the victim was younger than 17 at the time of the sex offense; and
• the director of the correctional facility has not received written consent from the victim, if an adult,
or an adult member of the victim’s family.
Prohibits the person confined from giving the written consent.
Provides that it is an affirmative defense to prosecution if the contact was indirect contact made through an
attorney representing the sex offender and was solely for the purpose of representing the sex offender in a
criminal proceeding.
Provides that a correctional facility or an officer or employee of a correctional facility is not liable for
damages arising from an act of illegal contact between a sex offender and victim, unless the officer or
employee of the correctional facility knowingly assists or participates in the illegal contact.
Makes it a Class C misdemeanor for a public servant or other person who has access to or obtains the
name, address, or telephone number of a minor victim of a sex offense to knowingly disclose the
information to any person not assisting in the investigation, prosecution, or defense of the case. This does
not apply to releasing information to the victim or the victim’s family.
Ages of the Defendant and Victim in Certain Sex Offenses - H.B. 2987
by Representative Deshotel, et al.
Senate Sponsor: Senator Van de Putte
Requires a judge, in trial for indecency with a child, sexual assault, aggravated sexual assault, or sexual
performance of a child, to make an affirmative finding of fact and enter the finding in the judgment case if
the judge determines that:
• at the time of the offense, the defendant was younger than 19 years of age and the victim was at
least 13; and
• the conviction is based solely on the ages of the defendant and the victim or intended victim at the
time of the offense.
Requires the judge to make the same finding of fact and place that finding with the case papers when
placing a defendant charged with such offenses on community supervision.
Senate Research Center 70