AN ACT
1-1 relating to the prosecution of certain sexual assaults committed
1-2 against children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 22.011, Penal Code, is
1-5 amended to read as follows:
1-6 (a) A person commits an offense if the person:
1-7 (1) intentionally or knowingly:
1-8 (A) causes the penetration of the anus or female
1-9 sexual organ of another person by any means, without that person's
1-10 consent;
1-11 (B) causes the penetration of the mouth of
1-12 another person by the sexual organ of the actor, without that
1-13 person's consent; or
1-14 (C) causes the sexual organ of another person,
1-15 without that person's consent, to contact or penetrate the mouth,
1-16 anus, or sexual organ of another person, including the actor; or
1-17 (2) intentionally or knowingly:
1-18 (A) causes the penetration of the anus or female
1-19 sexual organ of a child by any means;
1-20 (B) causes the penetration of the mouth of a
1-21 child by the sexual organ of the actor;
1-22 (C) causes the sexual organ of a child to
1-23 contact or penetrate the mouth, anus, or sexual organ of another
2-1 person, including the actor; [or]
2-2 (D) causes the anus of a child to contact the
2-3 mouth, anus, or sexual organ of another person, including the
2-4 actor; or
2-5 (E) causes the mouth of a child to contact the
2-6 anus or sexual organ of another person, including the actor.
2-7 SECTION 2. Subsection (a), Section 22.021, Penal Code, is
2-8 amended to read as follows:
2-9 (a) A person commits an offense:
2-10 (1) if the person:
2-11 (A) intentionally or knowingly:
2-12 (i) causes the penetration of the anus or
2-13 female sexual organ of another person by any means, without that
2-14 person's consent;
2-15 (ii) causes the penetration of the mouth
2-16 of another person by the sexual organ of the actor, without that
2-17 person's consent; or
2-18 (iii) causes the sexual organ of another
2-19 person, without that person's consent, to contact or penetrate the
2-20 mouth, anus, or sexual organ of another person, including the
2-21 actor; or
2-22 (B) intentionally or knowingly:
2-23 (i) causes the penetration of the anus or
2-24 female sexual organ of a child by any means;
2-25 (ii) causes the penetration of the mouth
3-1 of a child by the sexual organ of the actor;
3-2 (iii) causes the sexual organ of a child
3-3 to contact or penetrate the mouth, anus, or sexual organ of another
3-4 person, including the actor; [or]
3-5 (iv) causes the anus of a child to contact
3-6 the mouth, anus, or sexual organ of another person, including the
3-7 actor; or
3-8 (v) causes the mouth of a child to contact
3-9 the anus or sexual organ of another person, including the actor;
3-10 and
3-11 (2) if:
3-12 (A) the person:
3-13 (i) causes serious bodily injury or
3-14 attempts to cause the death of the victim or another person in the
3-15 course of the same criminal episode;
3-16 (ii) by acts or words places the victim in
3-17 fear that death, serious bodily injury, or kidnapping will be
3-18 imminently inflicted on any person;
3-19 (iii) by acts or words occurring in the
3-20 presence of the victim threatens to cause the death, serious bodily
3-21 injury, or kidnapping of any person;
3-22 (iv) uses or exhibits a deadly weapon in
3-23 the course of the same criminal episode; or
3-24 (v) acts in concert with another who
3-25 engages in conduct described by Subdivision (1) directed toward the
4-1 same victim and occurring during the course of the same criminal
4-2 episode;
4-3 (B) the victim is younger than 14 years of age;
4-4 or
4-5 (C) the victim is 65 years of age or older.
4-6 SECTION 3. This Act takes effect September 1, 1997.
4-7 SECTION 4. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 185 passed the Senate on
February 26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 185 passed the House on
May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor