By Brady H.B. No. 1806
Substitute the following for H.B. No. 1806:
By Place C.S.H.B. No. 1806
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of indecency with an
1-3 invalid individual.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 21, Penal Code, is amended by adding
1-6 Section 21.14 to read as follows:
1-7 Sec. 21.14. INDECENCY WITH AN INVALID INDIVIDUAL. (a) A
1-8 person commits an offense if the person engages in sexual contact
1-9 with an invalid individual who is not the person's spouse without
1-10 the consent of that individual.
1-11 (b) An offense under this section is a felony of the second
1-12 degree.
1-13 (c) In this section, "invalid individual" has the meaning
1-14 assigned by Section 22.04(c) of this code.
1-15 (d) Sexual contact under Subsection (a) of this section is
1-16 without the consent of an invalid individual if:
1-17 (1) the actor compels the invalid individual to submit
1-18 or participate by the use of physical force or violence;
1-19 (2) the actor compels the invalid individual to submit
1-20 or participate by threatening to use force or violence against the
1-21 invalid individual, and the invalid individual believes that the
1-22 actor has the present ability to execute the threat;
1-23 (3) the invalid individual has not consented and the
1-24 actor knows the invalid individual is unconscious or physically
2-1 unable to resist;
2-2 (4) the actor knows that as a result of mental disease
2-3 or defect the invalid individual is at the time of the sexual
2-4 contact incapable either of appraising the nature of the act or of
2-5 resisting it;
2-6 (5) the invalid individual has not consented and the
2-7 actor knows the invalid individual is unaware that the sexual
2-8 contact is occurring;
2-9 (6) the actor knows that the invalid individual
2-10 submits or participates because of the erroneous belief that the
2-11 actor is the invalid individual's spouse;
2-12 (7) the actor has intentionally impaired the invalid
2-13 individual's power to appraise or control the invalid individual's
2-14 conduct by administering any substance without the invalid
2-15 individual's knowledge; or
2-16 (8) the actor compels the invalid individual to submit
2-17 or participate by threatening to use force or violence against any
2-18 person, and the invalid individual believes that the actor has the
2-19 ability to execute the threat.
2-20 SECTION 2. This Act takes effect September 1, 1993.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.