By: West S.B. No. 1132 A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation of the offense of indecency with an 1-2 elderly or disabled individual. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 21, Penal Code, is amended by adding 1-5 Section 21.10 to read as follows: 1-6 SECTION 21.10. INDECENCY WITH AN ELDERLY OR DISABLED 1-7 INDIVIDUAL. (a) A person commits an offense if the person engages 1-8 in sexual contact with an elderly or disabled individual without 1-9 the individual's consent. 1-10 (b) Sexual contact under Subsection (a) is without the 1-11 consent an elderly or disabled individual if: 1-12 (1) the actor compels the individual to submit or 1-13 participate by the use of physical force or violence; 1-14 (2) the actor compels the individual to submit or 1-15 participate by threatening to use force or violence against the 1-16 individual, and the individual believes that the actor has the 1-17 present ability to execute the threat; 1-18 (3) the individual has not consented and the actor 1-19 knows the individual is unconscious or physically unable to resist; 1-20 (4) the actor knows that as a result of mental disease 1-21 or defect the individual is at the time of the act incapable either 1-22 of appraising the nature of the act or of resisting it; 1-23 (5) the individual has not consented and the actor 2-1 knows that the individual is unaware that the sexual contact is 2-2 occurring; 2-3 (6) the actor has intentionally impaired the 2-4 individual's power to appraise or control the individual's conduct 2-5 by administering a substance without the individual's permission or 2-6 knowledge; or 2-7 (7) the actor compels the individual to submit or 2-8 participate by threatening to use force or violence against any 2-9 person, and the individual believes that the actor is capable of 2-10 carrying out the threat. 2-11 (c) In this section, "elderly individual" has the same 2-12 meaning as that set forth in Section 22.04(c)(2), Penal Code. 2-13 (d) In this section, "disabled individual" has the same 2-14 meaning as that set forth in Section 22.04(c)(3), Penal Code. 2-15 (e) It is a defense to prosecution under Subsection (a) 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 elderly or disabled individual and the mouth, 2-19 anus, or sexual organ of the actor or a third party. 2-20 (f) An offense under this section is a felony of the second 2-21 degree. 2-22 SECTION 2. (a) The changes in law made by this Act apply 2-23 only to an offense committed or a violation that occurs on or after 2-24 the effective date of this Act. For the purposes of this Act, an 2-25 offense is committed or a violation occurs before the effective 3-1 date of this Act if any element of the offense or violation occurs 3-2 before that date. 3-3 (b) An offense committed or violation that occurs before the 3-4 effective date of this Act is covered by the law in effect when the 3-5 offense was committed or the violation occurred, and the former law 3-6 is continued in effect for this purpose. 3-7 SECTION 3. This Act takes effect September 1, 1995. 3-8 SECTION 4. SEVERABILITY. If any section, sentence, clause, 3-9 or part of this Act shall, for any reason, be held invalid, such 3-10 invalidity shall not affect the remaining portions of the Act, and 3-11 it is hereby declared to be the intention of this legislature to 3-12 have passed each section, sentence, clause, or part irrespective of 3-13 the fact that any other section, sentence, clause, or part may be 3-14 declared invalid. 3-15 SECTION 5. EMERGENCY. The importance of this legislation 3-16 and the crowded condition of the calendars in both houses create an 3-17 emergency and an imperative public necessity that the 3-18 constitutional rule requiring bills to be read on three several 3-19 days in each house be suspended, and this rule is hereby suspended.