By Turner of Coleman H.B. No. 1731
75R7021 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of engaging in sexual contact for the
1-3 purposes of prosecuting certain sexual offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.01, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 21.01. DEFINITIONS. (a) In this chapter:
1-8 (1) "Deviate sexual intercourse" means:
1-9 (A) any contact between any part of the genitals
1-10 of one person and the mouth or anus of another person; or
1-11 (B) the penetration of the genitals or the anus
1-12 of another person with an object.
1-13 (2) ["Sexual contact" means any touching of the anus,
1-14 breast, or any part of the genitals of another person with intent
1-15 to arouse or gratify the sexual desire of any person.]
1-16 [(3)] "Sexual intercourse" means any penetration of
1-17 the female sex organ by the male sex organ.
1-18 (b) For the purposes of this chapter, a person engages in an
1-19 act of sexual contact if with intent to arouse or gratify the
1-20 sexual desire of any person, the person:
1-21 (1) touches the anus, breast, or any part of the
1-22 genitals of another; or
1-23 (2) consents to the touching by another of the anus,
1-24 breast, or any part of the genitals of the person, but only if the
2-1 touching occurs subsequent to consent being given.
2-2 SECTION 2. (a) The change in law made by this Act
2-3 applies only to an offense committed on or after the effective date
2-4 of this Act. For purposes of this section, an offense is committed
2-5 before the effective date of this Act if any element of the offense
2-6 occurs before the effective date.
2-7 (b) An offense committed before the effective date of this
2-8 Act is covered by the law in effect when the offense was committed,
2-9 and the former law is continued in effect for that purpose.
2-10 SECTION 3. This Act takes effect September 1, 1997.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.