1-1  By:  West                                              S.B. No. 925
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  April 6, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; April 6, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Whitmire                                       x   
   1-10        Brown              x                               
   1-11        Nelson             x                               
   1-12        Sibley             x                               
   1-13        Sims               x                               
   1-14        Turner             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 925                     By:  West
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the offense of official oppression and the offense of
   1-20  sexual assault.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 39.02, Penal Code, is amended to read as
   1-23  follows:
   1-24        Sec. 39.02.  Official Oppression.  (a)  A public servant
   1-25  acting under color of his office or employment commits an offense
   1-26  if he:
   1-27              (1)  intentionally subjects another to mistreatment or
   1-28  to arrest, detention, search, seizure, dispossession, assessment,
   1-29  or lien that he knows is unlawful;
   1-30              (2)  intentionally denies or impedes another in the
   1-31  exercise or enjoyment of any right, privilege, power, or immunity,
   1-32  knowing his conduct is unlawful; <or>
   1-33              (3)  intentionally subjects another to sexual
   1-34  harassment; or
   1-35              (4)  intentionally causes another by coercion to engage
   1-36  in sexual contact.
   1-37        (b)  For purposes of this section, a public servant acts
   1-38  under color of his office or employment if he acts or purports to
   1-39  act in an official capacity or takes advantage of such actual or
   1-40  purported capacity.
   1-41        (c)  In this section:
   1-42              (1)  "Coercion" means to unlawfully take or withhold or
   1-43  threaten to take or withhold action as a public servant or to cause
   1-44  or threaten to cause a public servant to unlawfully take or
   1-45  withhold action.
   1-46              (2)  "Sexual contact" has the meaning assigned by
   1-47  Section 21.01 of this code.
   1-48              (3)  "Sexual<, "sexual> harassment" means unwelcome
   1-49  sexual advances, requests for sexual favors, or other verbal or
   1-50  physical conduct of a sexual nature, submission to which is made a
   1-51  term or condition of a person's exercise or enjoyment of any right,
   1-52  privilege, power, or immunity, either explicitly or implicitly.
   1-53        (d)  An offense under this section is a Class A misdemeanor.
   1-54        SECTION 2.  Section 22.011, Penal Code, is amended to read as
   1-55  follows:
   1-56        Sec. 22.011.  Sexual Assault.  (a)  A person commits an
   1-57  offense if the person:
   1-58              (1)  intentionally or knowingly:
   1-59                    (A)  causes the penetration of the anus or female
   1-60  sexual organ of another person by any means, without that person's
   1-61  consent;
   1-62                    (B)  causes the penetration of the mouth of
   1-63  another person by the sexual organ of the actor, without that
   1-64  person's consent; or
   1-65                    (C)  causes the sexual organ of another person,
   1-66  without that person's consent, to contact or penetrate the mouth,
   1-67  anus, or sexual organ of another person, including the actor; or
   1-68              (2)  intentionally or knowingly:
    2-1                    (A)  causes the penetration of the anus or female
    2-2  sexual organ of a child by any means;
    2-3                    (B)  causes the penetration of the mouth of a
    2-4  child by the sexual organ of the actor;
    2-5                    (C)  causes the sexual organ of a child to
    2-6  contact or penetrate the mouth, anus, or sexual organ of another
    2-7  person, including the actor; or
    2-8                    (D)  causes the anus of a child to contact the
    2-9  mouth, anus, or sexual organ of another person, including the
   2-10  actor.
   2-11        (b)  A sexual assault under Subsection (a)(1) of this section
   2-12  is without the consent of the other person if:
   2-13              (1)  the actor compels the other person to submit or
   2-14  participate by the use of physical force or violence;
   2-15              (2)  the actor compels the other person to submit or
   2-16  participate by threatening to use force or violence against the
   2-17  other person, and the other person believes that the actor has the
   2-18  present ability to execute the threat;
   2-19              (3)  the other person has not consented and the actor
   2-20  knows the other person is unconscious or physically unable to
   2-21  resist;
   2-22              (4)  the actor knows that as a result of mental disease
   2-23  or defect the other person is at the time of the sexual assault
   2-24  incapable either of appraising the nature of the act or of
   2-25  resisting it;
   2-26              (5)  the other person has not consented and the actor
   2-27  knows the other person is unaware that the sexual assault is
   2-28  occurring;
   2-29              (6)  the actor has intentionally impaired the other
   2-30  person's power to appraise or control the other person's conduct by
   2-31  administering any substance without the other person's knowledge;
   2-32  <or>
   2-33              (7)  the actor compels the other person to submit or
   2-34  participate by threatening to use force or violence against any
   2-35  person, and the other person believes that the actor has the
   2-36  ability to execute the threat; or
   2-37              (8)  the actor is a public servant who coerces the
   2-38  other person to submit or participate.
   2-39        (c)  In this section:
   2-40              (1)  "Child" means a person younger than 17 years of
   2-41  age who is not the spouse of the actor.
   2-42              (2)  "Coercion" means to unlawfully take or withhold or
   2-43  threaten to take or withhold action as a public servant or to cause
   2-44  or threaten to cause a public servant to unlawfully take or
   2-45  withhold action.
   2-46              (3)  "Spouse" means a person who is legally married to
   2-47  another, except that persons married to each other are not treated
   2-48  as spouses if they do not reside together or if there is an action
   2-49  pending between them for dissolution of the marriage or for
   2-50  separate maintenance.
   2-51        (d)  It is a defense to prosecution under Subsection (a)(2)
   2-52  of this section that:
   2-53              (1)  the child was at the time of the offense 14 years
   2-54  of age or older and had prior to the time of the offense engaged
   2-55  promiscuously in conduct described in that subsection; or
   2-56              (2)  the conduct consisted of medical care for the
   2-57  child.
   2-58        (e)  It is an affirmative defense to prosecution under
   2-59  Subsection (a)(2) of this section that the actor was not more than
   2-60  two years older than the victim.
   2-61        (f)  An offense under this section is a felony of the second
   2-62  degree.
   2-63        (g)  A prosecution against a spouse under this section
   2-64  requires a showing of bodily injury or the threat of bodily injury.
   2-65        SECTION 3.  (a)  The change in law made by this Act applies
   2-66  only to an offense committed on or after the effective date of this
   2-67  Act.  For purposes of this section, an offense is committed before
   2-68  the effective date of this Act if any element of the offense occurs
   2-69  before the effective date.
   2-70        (b)  An offense committed before the effective date of this
    3-1  Act is covered by the law in effect when the offense was committed,
    3-2  and the former law is continued in effect for this purpose.
    3-3        SECTION 4.  This Act takes effect September 1, 1993.
    3-4        SECTION 5.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.
    3-9                               * * * * *
   3-10                                                         Austin,
   3-11  Texas
   3-12                                                         April 6, 1993
   3-13  Hon. Bob Bullock
   3-14  President of the Senate
   3-15  Sir:
   3-16  We, your Committee on Criminal Justice to which was referred S.B.
   3-17  No. 925, have had the same under consideration, and I am instructed
   3-18  to report it back to the Senate with the recommendation that it do
   3-19  not pass, but that the Committee Substitute adopted in lieu thereof
   3-20  do pass and be printed.
   3-21                                                         Whitmire,
   3-22  Chairman
   3-23                               * * * * *
   3-24                               WITNESSES
   3-25                                                  FOR   AGAINST  ON
   3-26  ___________________________________________________________________
   3-27  Name:  Angel Gabbert                             x
   3-28  Representing:  Self
   3-29  City:  Mesquite
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   3-31  Name:  Angel Ka Graves                           x
   3-32  Representing:  Self
   3-33  City:  Dallas
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   3-35  Name:  Karen Ashmore                             x
   3-36  Representing:  Dallas NOW
   3-37  City:  Dallas
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   3-39  Name:  Hannah Riddering                          x
   3-40  Representing:  Tx NOW
   3-41  City:  Austin
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   3-43  Name:  Shelia Enid Cheaney                       x
   3-44  Representing:  ACLU of Tx
   3-45  City:  Austin
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   3-47  Name:  Dorothy Inneranity                        x
   3-48  Representing:  TFBPWC, Inc.
   3-49  City:  Austin
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   3-51  Name:  Ira Calkins                               x
   3-52  Representing:  Self
   3-53  City:  Austin
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