By: West S.B. No. 1131
A BILL TO BE ENTITLED
AN ACT
1-1 relating to offenses committed against the elderly.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 22.021, Penal Code, is
1-4 amended to read as follows:
1-5 (a) A person commits an offense:
1-6 (1) if the person:
1-7 (A) intentionally or knowingly:
1-8 (i) causes the penetration of the anus or
1-9 female sexual organ of another person by any means, without that
1-10 person's consent;
1-11 (ii) causes the penetration of the mouth
1-12 of another person by the sexual organ of the actor, without that
1-13 person's consent; or
1-14 (iii) causes the sexual organ of another
1-15 person, without that person's consent, to contact or penetrate the
1-16 mouth, anus, or sexual organ of another person, including the
1-17 actor; or
1-18 (B) intentionally or knowingly:
1-19 (i) causes the penetration of the anus or
1-20 female sexual organ of a child by any means;
1-21 (ii) causes the penetration of the mouth
1-22 of a child by the sexual organ of the actor;
1-23 (iii) causes the sexual organ of a child
2-1 to contact or penetrate the mouth, anus, or sexual organ of another
2-2 person, including the actor; or
2-3 (iv) causes the anus of a child to contact
2-4 the mouth, anus, or sexual organ of another person, including the
2-5 actor; and
2-6 (2) if:
2-7 (A) the person:
2-8 (i) causes serious bodily injury or
2-9 attempts to cause the death of the victim or another person in the
2-10 course of the same criminal episode;
2-11 (ii) by acts or words places the victim in
2-12 fear that death, serious bodily injury, or kidnapping will be
2-13 imminently inflicted on any person;
2-14 (iii) by acts or words occurring in the
2-15 presence of the victim threatens to cause the death, serious bodily
2-16 injury, or kidnapping of any person;
2-17 (iv) uses or exhibits a deadly weapon in
2-18 the course of the same criminal episode; or
2-19 (v) acts in concert with another who
2-20 engages in conduct described by Subdivision (1) directed toward the
2-21 same victim and occurring during the course of the same criminal
2-22 episode; <or>
2-23 (B) the victim is younger than 14 years of age;
2-24 or
2-25 (C) the victim is 65 years of age or older.
3-1 SECTION 2. (a) The changes in law made by this Act apply
3-2 only to an offense committed or a violation that occurs on or after
3-3 the effective date of this Act. For the purposes of this Act, an
3-4 offense is committed or a violation occurs before the effective
3-5 date of this Act if any element of the offense or violation occurs
3-6 before that date.
3-7 (b) An offense committed or violation that occurs before the
3-8 effective date of this Act is covered by the law in effect when the
3-9 offense was committed or the violation occurred, and the former law
3-10 is continued in effect for this purpose.
3-11 SECTION 3. This Act takes effect September 1, 1995.
3-12 SECTION 4. SEVERABILITY. If any section, sentence, clause,
3-13 or part of this Act shall, for any reason, be held invalid, such
3-14 invalidity shall not affect the remaining portions of the Act, and
3-15 it is hereby declared to be the intention of this legislature to
3-16 have passed each section, sentence, clause, or part irrespective of
3-17 the fact that any other section, sentence, clause, or part may be
3-18 declared invalid.
3-19 SECTION 5. EMERGENCY. The importance of this legislation
3-20 and the crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.