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.