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.