By Danburg                                            H.B. No. 1290
       74R5489 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prosecution of the offense of sexual assault.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 22.011(b), Penal Code, is amended to read
    1-5  as follows:
    1-6        (b)  A sexual assault under Subsection (a)(1) is without the
    1-7  consent of the other person if:
    1-8              (1)  the actor compels the other person to submit or
    1-9  participate by the use of physical force or violence;
   1-10              (2)  the actor compels the other person to submit or
   1-11  participate by threatening to use force or violence against the
   1-12  other person, and the other person believes that the actor has the
   1-13  present ability to execute the threat;
   1-14              (3)  the other person has not consented and the actor
   1-15  knows the other person is unconscious or physically unable to
   1-16  resist;
   1-17              (4)  the actor knows that as a result of mental disease
   1-18  or defect the other person is at the time of the sexual assault
   1-19  incapable either of appraising the nature of the act or of
   1-20  resisting it;
   1-21              (5)  the other person has not consented and the actor
   1-22  knows the other person is unaware that the sexual assault is
   1-23  occurring;
   1-24              (6)  the actor has intentionally impaired the other
    2-1  person's power to appraise or control the other person's conduct by
    2-2  administering any substance without the other person's knowledge;
    2-3              (7)  the actor compels the other person to submit or
    2-4  participate by threatening to use force or violence against any
    2-5  person, and the other person believes that the actor has the
    2-6  ability to execute the threat; <or>
    2-7              (8)  the actor is a public servant who coerces the
    2-8  other person to submit or participate; or
    2-9              (9)  the other person expresses lack of consent by
   2-10  words or conduct.
   2-11        SECTION 2.  (a)  The change in law made by this Act applies
   2-12  only to an offense committed on or after the effective date of this
   2-13  Act.  For purposes of this section, an offense is committed before
   2-14  the effective date of this Act if any element of the offense occurs
   2-15  before the effective date.
   2-16        (b)  An offense committed before the effective date of this
   2-17  Act is covered by the law in effect when the offense was committed,
   2-18  and the former law is continued in effect for that purpose.
   2-19        SECTION 3.  This Act takes effect September 1, 1995.
   2-20        SECTION 4.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.