By Brady                                              H.B. No. 2037
       74R6007 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of indecency with a
    1-3  disabled individual.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 21, Penal Code, is amended by adding
    1-6  Section 21.12 to read as follows:
    1-7        Sec. 21.12.  INDECENCY WITH A DISABLED INDIVIDUAL.  (a)  A
    1-8  person commits an offense if the person engages in sexual contact
    1-9  with a disabled individual who is not the persons' spouse without
   1-10  the consent of that individual.
   1-11        (b)  An offense under this section is a felony of the second
   1-12  degree.
   1-13        (c)  In this section, "disabled individual" has the meaning
   1-14  assigned by Section 22.04(c).
   1-15        (d)  Sexual contact under Subsection (a) is without the
   1-16  consent of a disabled individual if:
   1-17              (1)  the actor compels the individual to submit or
   1-18  participate by the use of physical force or violence;
   1-19              (2)  the actor compels the disabled individual to
   1-20  submit or participate by threatening to use force or violence
   1-21  against the disabled individual, and the disabled individual
   1-22  believes that the actor has the present ability to execute the
   1-23  threat;
   1-24              (3)  the disabled individual has not consented and the
    2-1  actor knows the disabled individual is unconscious or physically
    2-2  unable to resist;
    2-3              (4)  the actor knows that as a result of mental disease
    2-4  or defect the disabled individual is at the time of the sexual
    2-5  contact incapable either of appraising the nature of the act or of
    2-6  resisting it;
    2-7              (5)  the disabled individual has not consented and the
    2-8  actor knows the disabled individual is unaware that the sexual
    2-9  contact is occurring;
   2-10              (6)  the actor knows that the disabled individual
   2-11  submits or participates because of the erroneous belief that the
   2-12  actor is the disabled individual's spouse;
   2-13              (7)  the actor has intentionally impaired the disabled
   2-14  individual's power to appraise or control the disabled individual's
   2-15  conduct by administering any substance without the disabled
   2-16  individual's knowledge; or
   2-17              (8)  the actor compels the disabled individual to
   2-18  submit or participate by threatening to use force or violence
   2-19  against any person, and the disabled individual believes that the
   2-20  actor has the ability to execute the threat.
   2-21        SECTION 2.  This Act takes effect September 1, 1995.
   2-22        SECTION 3.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.