By: Brady H.B. No. 1806 73R851 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the offense of assault involving 1-3 offensive or provocative contact with an invalid individual. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 22, Penal Code, is amended by adding 1-6 Section 22.042 to read as follows: 1-7 Sec. 22.042. ASSAULT INVOLVING OFFENSIVE OR PROVOCATIVE 1-8 CONTACT WITH INVALID INDIVIDUAL. (a) A person commits an offense 1-9 if the person knowingly causes physical contact with an invalid 1-10 individual when the person knows or should reasonably believe that 1-11 the contact would be regarded as offensive or provocative by: 1-12 (1) the invalid individual; or 1-13 (2) a reasonable person in the place of the invalid 1-14 individual, if the invalid individual, as a result of mental 1-15 disease or defect, is incapable of understanding the nature of the 1-16 contact. 1-17 (b) An offense under this section is a Class A misdemeanor. 1-18 (c) In this section, "invalid individual" has the meaning 1-19 assigned by Section 22.04(c)(3). 1-20 (d) If conduct constituting an offense under this section 1-21 also constitutes an offense under another section of this code, the 1-22 person may be prosecuted under either section. 1-23 SECTION 2. (a) The change in law made by this Act applies 1-24 only to an offense committed on or after the effective date of this 2-1 Act. For purposes of this section, an offense is committed before 2-2 the effective date of this Act if any element of the offense occurs 2-3 before the effective date. 2-4 (b) An offense committed before the effective date of this 2-5 Act is covered by the law in effect when the offense was committed, 2-6 and the former law is continued in effect for this purpose. 2-7 SECTION 3. This Act takes effect September 1, 1993. 2-8 SECTION 4. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.