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.