BILL ANALYSIS



H.B. 2037
By: Brady
April 12, 1995
Committee Report (Unamended)


BACKGROUND

Chapter 22 of the Penal Code details offenses against a person. 
There is currently no felony charge within this section that could
be imposed upon a perpetrator committing a sexual assault on an
invalid individual, if the latter was unable to testify
specifically on the nature of the offense.

PURPOSE

If enacted, H.B. 2037 would establish the crime of assault
involving "offense or provocative contact with a disabled
individual" and make that assault a second degree felony.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21, Penal Code (SEXUAL OFFENSES), by
adding Section 21.12 as follows:

Sec. 21.12.  INDECENCY WITH A DISABLED INDIVIDUAL.  

     (a) creates an offense for engaging in sexual contact with a
     disabled individual without the person's consent, if the
     person is not the actor's spouse.

     (b) classifies an offense under this section as a 2nd degree
     felony.

     (c) defines "invalid individual." 

     (d) considers the following as a lack of consent:

           (1) the actor compels the individual to submit by use
           of physical force or violence;

           (2) the actors compels the individual by threatening to
           use force and the individual believes the actor has the
           ability to execute the threat;

           (3) the disabled individual has not consented, and the
           actor knows the individual is unconscious or physically
           unable to resist;

           (4) the actors knows the individual is incapable of
           evaluating the act or resisting it;

           (5) the actor knows the individual is unaware the
           contact is occurring;

           (6) the actor knows the individual participates because
           he/she believes the actor is the individual's spouse;

           (7) the actor has intentionally impaired the
           individual's power to evaluate the situation by
           administering a substance without the individual's
           knowledge; or

           (8) the actor threatens to use force against any person
           and the individual believes the actor is capable of
           carrying out the threat.

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

HB 2037 was considered by the full committee in a public hearing on
April 10, 1995.  
The following person testified in favor of the bill:
     Rob Kepple, representing Texas District and County Attorneys
     Association.

HB 2037 was left pending in committee.  HB 2037 was considered by
the full committee in a formal meeting on April 12, 1995.  HB 2037
was reported favorably without amendment, with the recommendation
that it do pass and be printed by a record vote of 6 ayes, 0 nays,
0 pnv, and 3 absent.