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.