By:  West                                              S.B. No. 925
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the offense of official oppression and the offense of
    1-2  sexual assault.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 39.02, Penal Code, is amended to read as
    1-5  follows:
    1-6        Sec. 39.02.  Official Oppression.  (a)  A public servant
    1-7  acting under color of his office or employment commits an offense
    1-8  if he:
    1-9              (1)  intentionally subjects another to mistreatment or
   1-10  to arrest, detention, search, seizure, dispossession, assessment,
   1-11  or lien that he knows is unlawful;
   1-12              (2)  intentionally denies or impedes another in the
   1-13  exercise or enjoyment of any right, privilege, power, or immunity,
   1-14  knowing his conduct is unlawful; <or>
   1-15              (3)  intentionally subjects another to sexual
   1-16  harassment; or
   1-17              (4)  intentionally causes another by coercion to engage
   1-18  in sexual contact.
   1-19        (b)  For purposes of this section, a public servant acts
   1-20  under color of his office or employment if he acts or purports to
   1-21  act in an official capacity or takes advantage of such actual or
   1-22  purported capacity.
   1-23        (c)  In this section:
   1-24              (1)  "Coercion" means to unlawfully take or withhold or
    2-1  threaten to take or withhold action as a public servant or to cause
    2-2  or threaten to cause a public servant to unlawfully take or
    2-3  withhold action.
    2-4              (2)  "Sexual contact" has the meaning assigned by
    2-5  Section 21.01 of this code.
    2-6              (3)  "Sexual<, "sexual> harassment" means unwelcome
    2-7  sexual advances, requests for sexual favors, or other verbal or
    2-8  physical conduct of a sexual nature, submission to which is made a
    2-9  term or condition of a person's exercise or enjoyment of any right,
   2-10  privilege, power, or immunity, either explicitly or implicitly.
   2-11        (d)  An offense under this section is a Class A misdemeanor.
   2-12        SECTION 2.  Section 22.011, Penal Code, is amended to read as
   2-13  follows:
   2-14        Sec. 22.011.  Sexual Assault.  (a)  A person commits an
   2-15  offense if the person:
   2-16              (1)  intentionally or knowingly:
   2-17                    (A)  causes the penetration of the anus or female
   2-18  sexual organ of another person by any means, without that person's
   2-19  consent;
   2-20                    (B)  causes the penetration of the mouth of
   2-21  another person by the sexual organ of the actor, without that
   2-22  person's consent; or
   2-23                    (C)  causes the sexual organ of another person,
   2-24  without that person's consent, to contact or penetrate the mouth,
   2-25  anus, or sexual organ of another person, including the actor; or
   2-26              (2)  intentionally or knowingly:
   2-27                    (A)  causes the penetration of the anus or female
    3-1  sexual organ of a child by any means;
    3-2                    (B)  causes the penetration of the mouth of a
    3-3  child by the sexual organ of the actor;
    3-4                    (C)  causes the sexual organ of a child to
    3-5  contact or penetrate the mouth, anus, or sexual organ of another
    3-6  person, including the actor; or
    3-7                    (D)  causes the anus of a child to contact the
    3-8  mouth, anus, or sexual organ of another person, including the
    3-9  actor.
   3-10        (b)  A sexual assault under Subsection (a)(1) of this section
   3-11  is without the consent of the other person if:
   3-12              (1)  the actor compels the other person to submit or
   3-13  participate by the use of physical force or violence;
   3-14              (2)  the actor compels the other person to submit or
   3-15  participate by threatening to use force or violence against the
   3-16  other person, and the other person believes that the actor has the
   3-17  present ability to execute the threat;
   3-18              (3)  the other person has not consented and the actor
   3-19  knows the other person is unconscious or physically unable to
   3-20  resist;
   3-21              (4)  the actor knows that as a result of mental disease
   3-22  or defect the other person is at the time of the sexual assault
   3-23  incapable either of appraising the nature of the act or of
   3-24  resisting it;
   3-25              (5)  the other person has not consented and the actor
   3-26  knows the other person is unaware that the sexual assault is
   3-27  occurring;
    4-1              (6)  the actor has intentionally impaired the other
    4-2  person's power to appraise or control the other person's conduct by
    4-3  administering any substance without the other person's knowledge;
    4-4  <or>
    4-5              (7)  the actor compels the other person to submit or
    4-6  participate by threatening to use force or violence against any
    4-7  person, and the other person believes that the actor has the
    4-8  ability to execute the threat; or
    4-9              (8)  the actor is a public servant who coerces the
   4-10  other person to submit or participate.
   4-11        (c)  In this section:
   4-12              (1)  "Child" means a person younger than 17 years of
   4-13  age who is not the spouse of the actor.
   4-14              (2)  "Coercion" means to unlawfully take or withhold or
   4-15  threaten to take or withhold action as a public servant or to cause
   4-16  or threaten to cause a public servant to unlawfully take or
   4-17  withhold action.
   4-18              (3)  "Spouse" means a person who is legally married to
   4-19  another, except that persons married to each other are not treated
   4-20  as spouses if they do not reside together or if there is an action
   4-21  pending between them for dissolution of the marriage or for
   4-22  separate maintenance.
   4-23        (d)  It is a defense to prosecution under Subsection (a)(2)
   4-24  of this section that:
   4-25              (1)  the child was at the time of the offense 14 years
   4-26  of age or older and had prior to the time of the offense engaged
   4-27  promiscuously in conduct described in that subsection; or
    5-1              (2)  the conduct consisted of medical care for the
    5-2  child.
    5-3        (e)  It is an affirmative defense to prosecution under
    5-4  Subsection (a)(2) of this section that the actor was not more than
    5-5  two years older than the victim.
    5-6        (f)  An offense under this section is a felony of the second
    5-7  degree.
    5-8        (g)  A prosecution against a spouse under this section
    5-9  requires a showing of bodily injury or the threat of bodily injury.
   5-10        SECTION 3.  (a)  The change in law made by this Act applies
   5-11  only to an offense committed on or after the effective date of this
   5-12  Act.  For purposes of this section, an offense is committed before
   5-13  the effective date of this Act if any element of the offense occurs
   5-14  before the effective date.
   5-15        (b)  An offense committed before the effective date of this
   5-16  Act is covered by the law in effect when the offense was committed,
   5-17  and the former law is continued in effect for this purpose.
   5-18        SECTION 4.  This Act takes effect September 1, 1993.
   5-19        SECTION 5.  The importance of this legislation and the
   5-20  crowded condition of the calendars in both houses create an
   5-21  emergency and an imperative public necessity that the
   5-22  constitutional rule requiring bills to be read on three several
   5-23  days in each house be suspended, and this rule is hereby suspended.