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.