By:  Ellis                                             S.B. No. 168
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the classification of sexual assault as aggravated
    1-2  sexual assault if more than one individual engages in conduct
    1-3  directed toward the same victim.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (a), Section 22.021, Penal Code, is
    1-6  amended to read as follows:
    1-7        (a)  A person commits an offense:
    1-8              (1)  if the person:
    1-9                    (A)  intentionally or knowingly:
   1-10                          (i)  causes the penetration of the anus or
   1-11  female sexual organ of another person by any means, without that
   1-12  person's consent;
   1-13                          (ii)  causes the penetration of the mouth
   1-14  of another person by the sexual organ of the actor, without that
   1-15  person's consent; or
   1-16                          (iii)  causes the sexual organ of another
   1-17  person, without that person's consent, to contact or penetrate the
   1-18  mouth, anus, or sexual organ of another person, including the
   1-19  actor; or
   1-20                    (B)  intentionally or knowingly:
   1-21                          (i)  causes the penetration of the anus or
   1-22  female sexual organ of a child by any means;
   1-23                          (ii)  causes the penetration of the mouth
    2-1  of a child by the sexual organ of the actor;
    2-2                          (iii)  causes the sexual organ of a child
    2-3  to contact or penetrate the mouth, anus, or sexual organ of another
    2-4  person, including the actor; or
    2-5                          (iv)  causes the anus of a child to contact
    2-6  the mouth, anus, or sexual organ of another person, including the
    2-7  actor; and
    2-8              (2)  if:
    2-9                    (A)  the person:
   2-10                          (i)  causes serious bodily injury or
   2-11  attempts to cause the death of the victim or another person in the
   2-12  course of the same criminal episode;
   2-13                          (ii)  by acts or words places the victim in
   2-14  fear that death, serious bodily injury, or kidnapping will be
   2-15  imminently inflicted on any person;
   2-16                          (iii)  by acts or words occurring in the
   2-17  presence of the victim threatens to cause the death, serious bodily
   2-18  injury, or kidnapping of any person; <or>
   2-19                          (iv)  uses or exhibits a deadly weapon in
   2-20  the course of the same criminal episode; or
   2-21                          (v)  acts in concert with another who
   2-22  engages in conduct described by Subdivision (1) of this subsection
   2-23  directed toward the same victim and occurring during the course of
   2-24  the same criminal episode; or
   2-25                    (B)  the victim is younger than 14 years of age.
    3-1        SECTION 2.  (a)  The change in law made by this Act applies
    3-2  only to an offense committed on or after the effective date of this
    3-3  Act.  For purposes of this section, an offense is committed before
    3-4  the effective date of this Act if any element of the offense occurs
    3-5  before the effective date.
    3-6        (b)  An offense committed before the effective date of this
    3-7  Act is covered by the law in effect when the offense was committed,
    3-8  and the former law is continued in effect for this purpose.
    3-9        SECTION 3.  This Act takes effect September 1, 1993.
   3-10        SECTION 4.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency and an imperative public necessity that the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended.