By Davila H.B. No. 1774
75R5552 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain offenses against the
1-3 elderly.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.021(a), Penal Code, is amended to read
1-6 as follows:
1-7 (a) A person commits an offense:
1-8 (1) if the person:
1-9 (A) intentionally or knowingly:
1-10 (i) causes the penetration of the anus or
1-11 female sexual organ of another person by any means, without that
1-12 person's consent;
1-13 (ii) causes the penetration of the mouth
1-14 of another person by the sexual organ of the actor, without that
1-15 person's consent; or
1-16 (iii) causes the sexual organ of another
1-17 person, without that person's consent, to contact or penetrate the
1-18 mouth, anus, or sexual organ of another person, including the
1-19 actor; or
1-20 (B) intentionally or knowingly:
1-21 (i) causes the penetration of the anus or
1-22 female sexual organ of a child by any means;
1-23 (ii) causes the penetration of the mouth
1-24 of a child by the sexual organ of the actor;
2-1 (iii) causes the sexual organ of a child
2-2 to contact or penetrate the mouth, anus, or sexual organ of another
2-3 person, including the actor; or
2-4 (iv) causes the anus of a child to contact
2-5 the mouth, anus, or sexual organ of another person, including the
2-6 actor; and
2-7 (2) if:
2-8 (A) the person:
2-9 (i) causes serious bodily injury or
2-10 attempts to cause the death of the victim or another person in the
2-11 course of the same criminal episode;
2-12 (ii) by acts or words places the victim in
2-13 fear that death, serious bodily injury, or kidnapping will be
2-14 imminently inflicted on any person;
2-15 (iii) by acts or words occurring in the
2-16 presence of the victim threatens to cause the death, serious bodily
2-17 injury, or kidnapping of any person;
2-18 (iv) uses or exhibits a deadly weapon in
2-19 the course of the same criminal episode; or
2-20 (v) acts in concert with another who
2-21 engages in conduct described by Subdivision (1) directed toward the
2-22 same victim and occurring during the course of the same criminal
2-23 episode;
2-24 (B) the victim is younger than 14 years of age;
2-25 or
2-26 (C) the victim is 62 [65] years of age or older.
2-27 SECTION 2. Section 22.04(c)(2), Penal Code, is amended to
3-1 read as follows:
3-2 (2) "Elderly individual" means a person 62 [65] years
3-3 of age or older.
3-4 SECTION 3. Section 29.03(a), Penal Code, is amended to read
3-5 as follows:
3-6 (a) A person commits an offense if he commits robbery as
3-7 defined in Section 29.02, and he:
3-8 (1) causes serious bodily injury to another;
3-9 (2) uses or exhibits a deadly weapon; or
3-10 (3) causes bodily injury to another person or
3-11 threatens or places another person in fear of imminent bodily
3-12 injury or death, if the other person is:
3-13 (A) 62 [65] years of age or older; or
3-14 (B) a disabled person.
3-15 SECTION 4. This Act takes effect September 1, 1997. The
3-16 change in law made by this Act applies only to an offense committed
3-17 on or after September 1, 1997. An offense committed before
3-18 September 1, 1997, is covered by the law in effect when the offense
3-19 was committed, and the former law is continued in effect for that
3-20 purpose. For purposes of this section, an offense was committed
3-21 before September 1, 1997, if any element of the offense occurred
3-22 before that date.
3-23 SECTION 5. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.