bill adding bodily fluids on hospital workers to harassment offense

The text as introduced · 546 words

By: West
S.B. No. 2792

A BILL TO BE ENTITLED

AN ACT

relating to harassment of hospital personnel while the person is on

hospital property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 22.11, Texas Penal Code, is amended by

amending Subsections (a) and (d) to read as follows:

(a) A person commits an offense if, with the intent to

assault, harass, or alarm, the person:

(1) while imprisoned or confined in a correctional or

detention facility, causes another person to contact the blood,

seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,

any other person, or an animal;

(2) while committed to a civil commitment facility,

causes:

(A) an officer or employee of the Texas Civil

Commitment Office to contact the blood, seminal fluid, vaginal

fluid, saliva, urine, or feces of the actor, any other person, or an

animal:

(i) while the officer or employee is

lawfully discharging an official duty at a civil commitment

facility; or

(ii) in retaliation for or on account of an

exercise of official power or performance of an official duty by the

officer or employee; or

(B) a person who contracts with the state to

perform a service in the facility or an employee of that person to

contact the blood, seminal fluid, vaginal fluid, saliva, urine, or

feces of the actor, any other person, or an animal:

(i) while the person or employee is engaged

in performing a service within the scope of the contract, if the

actor knows the person or employee is authorized by the state to

provide the service; or

(ii) in retaliation for or on account of the

person's or employee's performance of a service within the scope of

the contract; [ or ]

(3) causes another person the actor knows to be a

public servant to contact the blood, seminal fluid, vaginal fluid,

saliva, urine, or feces of the actor, any other person, or an animal

while the public servant is lawfully discharging an official duty

or in retaliation or on account of an exercise of the public

servant's official power or performance of an official duty ; or

(4) while on hospital property, causes hospital

personnel to contact the blood, seminal fluid, vaginal fluid,

saliva, urine, or feces of the actor, any other person, or an animal

as an act of physical force unless the contact occurs in the

ordinary course of delivering healthcare services .

(d) In this section : [ , ]

(1) "correctional or detention facility" means:

(A) [ (1) ] a secure correctional facility; or

(B) [ (2) ] a "secure correctional facility" or a

"secure detention facility" as defined by Section 51.02, Family

Code, operated by or under contract with a juvenile board or the

Texas Juvenile Justice Department or any other facility operated by

or under contract with that department ; and

(2) "hospital personnel" includes nurses, physicians,

physician assistants, maintenance or janitorial staff,

receptionists, and other individuals who are employed by or work in

a facility that is licensed as a general hospital or special

hospital, as those terms are defined by Section 241.003, Health and

Safety Code, including a hospital maintained or operated by the

state .

SECTION 2. This Act takes effect September 1, 2025.