By McDonald                                           H.B. No. 2628
       74R5606 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of indecency with an
    1-3  elderly or 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 AN ELDERLY OR DISABLED
    1-8  INDIVIDUAL.  (a)  In this section, "elderly individual" and
    1-9  "disabled individual" have the meanings assigned by Section
   1-10  22.04(c).
   1-11        (b)  A person commits an offense if the person engages in
   1-12  sexual contact with an elderly or disabled individual without the
   1-13  consent of the individual.
   1-14        (c)  Sexual contact under Subsection (b) is without the
   1-15  consent of an elderly or disabled individual if:
   1-16              (1)  the actor compels the individual to submit or
   1-17  participate by the use of physical force or violence;
   1-18              (2)  the actor compels the individual to submit or
   1-19  participate by threatening to use force or violence against the
   1-20  individual, and the individual believes that the actor has the
   1-21  present ability to execute the threat;
   1-22              (3)  the individual has not consented and the actor
   1-23  knows the individual is unconscious or physically unable to resist;
   1-24              (4)  the actor knows that as a result of mental disease
    2-1  or defect the individual is at the time of the sexual contact
    2-2  incapable either of appraising the nature of the act or of
    2-3  resisting it;
    2-4              (5)  the individual has not consented and the actor
    2-5  knows the individual is unaware that the sexual contact is
    2-6  occurring;
    2-7              (6)  the actor has intentionally impaired the
    2-8  individual's power to appraise or control the individual's conduct
    2-9  by administering any substance without the individual's knowledge;
   2-10  or
   2-11              (7)  the actor compels the individual to submit or
   2-12  participate by threatening to use force or violence against any
   2-13  person, and the individual believes that the actor has the ability
   2-14  to execute the threat.
   2-15        (d)  It is a defense to prosecution under this section that
   2-16  the conduct consisted of medical care for the elderly or disabled
   2-17  individual and did not include any contact between the anus or
   2-18  sexual organ of the individual and the mouth, anus, or sexual organ
   2-19  of the actor.
   2-20        (e)  An offense under this section is a felony of the second
   2-21  degree.
   2-22        SECTION 2.  This Act takes effect September 1, 1995.
   2-23        SECTION 3.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.