By:  Giddings                                         H.B. No. 1721
       73R6263 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of official oppression and the prosecution
    1-3  of certain offenses involving sexual assault or improper sexual
    1-4  contact.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 39.02, Penal Code, is amended to read as
    1-7  follows:
    1-8        Sec. 39.02.  OFFICIAL OPPRESSION.  (a)  A public servant
    1-9  acting under color of his office or employment commits an offense
   1-10  if he:
   1-11              (1)  intentionally subjects another to mistreatment or
   1-12  to arrest, detention, search, seizure, dispossession, assessment,
   1-13  or lien that he knows is unlawful;
   1-14              (2)  intentionally denies or impedes another in the
   1-15  exercise or enjoyment of any right, privilege, power, or immunity,
   1-16  knowing his conduct is unlawful; <or>
   1-17              (3)  intentionally subjects another to sexual
   1-18  harassment;
   1-19              (4)  intentionally causes another, by coercion, to
   1-20  engage in sexual contact; or
   1-21              (5)  intentionally causes another, by coercion, to
   1-22  submit to a sexual assault under Section 22.011 of this code or to
   1-23  participate in the commission of a sexual assault under Section
   1-24  22.011.
    2-1        (b)  For purposes of this section, a public servant acts
    2-2  under color of his office or employment if he acts or purports to
    2-3  act in an official capacity or takes advantage of such actual or
    2-4  purported capacity.
    2-5        (c)  In this section:
    2-6              (1)  "Coercion" means to unlawfully take or withhold,
    2-7  or threaten to take or withhold, action as a public servant, or to
    2-8  cause or threaten to cause a public servant to unlawfully take or
    2-9  withhold action.
   2-10              (2)  "Sexual contact" has the meaning assigned by
   2-11  Section 21.01 of this code.
   2-12              (3)  "Sexual<, "sexual> harassment" means unwelcome
   2-13  sexual advances, requests for sexual favors, or other verbal or
   2-14  physical conduct of a sexual nature, submission to which is made a
   2-15  term or condition of a person's exercise or enjoyment of any right,
   2-16  privilege, power, or immunity, either explicitly or implicitly.
   2-17        (d)  Except as provided by Subsection (e) of this section, an
   2-18  <An> offense under this section is a Class A misdemeanor.
   2-19        (e)  An offense under Subsection (a)(5) of this section is a
   2-20  felony of the second degree.
   2-21        SECTION 2.  (a)  The change in law made by this Act applies
   2-22  only to an offense committed on or after the effective date of this
   2-23  Act.  For purposes of this section, an offense is committed before
   2-24  the effective date of this Act if any element of the offense occurs
   2-25  before the effective date.
   2-26        (b)  An offense committed before the effective date of this
   2-27  Act is covered by the law in effect when the offense was committed,
    3-1  and the former law is continued in effect for this purpose.
    3-2        SECTION 3.  This Act takes effect September 1, 1993.
    3-3        SECTION 4.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.