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.