85R707 LHC-D     By: Leach H.B. No. 3249       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the offense of improper contact with an   adult victim.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.111(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person, while   confined in a correctional facility after being charged with or   convicted of an offense listed in Article 62.001(5), Code of   Criminal Procedure, contacts by letter, telephone, or any other   means, either directly or through a third party, a victim of the   offense or a member of the victim's family, if [:                [(1)     the victim was younger than 17 years of age at the   time of the commission of the offense for which the person is   confined; and                [(2)]  the director of the correctional facility has   not, before the person makes contact with the victim:                (1) [(A)]  received written and dated consent to the   contact from:                      (A)  the victim, if the victim was 17 years of age   or older at the time  of the commission of the offense for which the   person is confined; or                      (B)  if the victim was younger than 17 years of age   at the time of the commission of the offense for which the person is   confined:                            (i)  a parent of the victim;                            (ii)  a legal guardian of the victim;                            (iii)  the victim, if the victim is 17 years   of age or older at the time of giving the consent; or                            (iv)  a member of the victim's family who is   17 years of age or older; and                (2) [(B)]  provided the person with a copy of the   consent.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2017.