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
3-34 -------------------------------------------------------------------
3-35 Name: Karen Ashmore x
3-36 Representing: Dallas NOW
3-37 City: Dallas
3-38 -------------------------------------------------------------------
3-39 Name: Hannah Riddering x
3-40 Representing: Tx NOW
3-41 City: Austin
3-42 -------------------------------------------------------------------
3-43 Name: Shelia Enid Cheaney x
3-44 Representing: ACLU of Tx
3-45 City: Austin
3-46 -------------------------------------------------------------------
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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