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.