By Shapiro                                       S.B. No. 185

      75R2787 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of certain sexual assaults committed

 1-3     against children.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 22.011(a), Penal Code, is amended to read

 1-6     as follows:

 1-7           (a)  A person commits an offense if the person:

 1-8                 (1)  intentionally or knowingly:

 1-9                       (A)  causes the penetration of the anus or female

1-10     sexual organ of another person by any means, without that person's

1-11     consent;

1-12                       (B)  causes the penetration of the mouth of

1-13     another person by the sexual organ of the actor, without that

1-14     person's consent; or

1-15                       (C)  causes the sexual organ of another person,

1-16     without that person's consent, to contact or penetrate the mouth,

1-17     anus, or sexual organ of another person, including the actor; or

1-18                 (2)  intentionally or knowingly:

1-19                       (A)  causes the penetration of the anus or female

1-20     sexual organ of a child by any means;

1-21                       (B)  causes the penetration of the mouth of a

1-22     child by the sexual organ of the actor;

1-23                       (C)  causes the sexual organ of a child to

1-24     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.  Section 22.021(a), Penal Code, is amended to read

 2-8     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

2-26     of a child by the sexual organ of the actor;

2-27                             (iii)  causes the sexual organ of a child

 3-1     to contact or penetrate the mouth, anus, or sexual organ of another

 3-2     person, including the actor; [or]

 3-3                             (iv)  causes the anus of a child to contact

 3-4     the mouth, anus, or sexual organ of another person, including the

 3-5     actor; or

 3-6                             (v)  causes the mouth of a child to contact

 3-7     the anus  or sexual organ of another person, including the actor;

 3-8     and

 3-9                 (2)  if:

3-10                       (A)  the person:

3-11                             (i)  causes serious bodily injury or

3-12     attempts to cause the death of the victim or another person in the

3-13     course of the same criminal episode;

3-14                             (ii)  by acts or words places the victim in

3-15     fear that death, serious bodily injury, or kidnapping will be

3-16     imminently inflicted on any person;

3-17                             (iii)  by acts or words occurring in the

3-18     presence of the victim threatens to cause the death, serious bodily

3-19     injury, or kidnapping of any person;

3-20                             (iv)  uses or exhibits a deadly weapon in

3-21     the course of the same criminal episode;  or

3-22                             (v)  acts in concert with another who

3-23     engages in conduct described by Subdivision (1) directed toward the

3-24     same victim and occurring during the course of the same criminal

3-25     episode;

3-26                       (B)  the victim is younger than 14 years of age;

3-27     or

 4-1                       (C)  the victim is 65 years of age or older.

 4-2           SECTION 3.  This Act takes effect September 1, 1997.

 4-3           SECTION 4.  The importance of this legislation and the

 4-4     crowded condition of the calendars in both houses create an

 4-5     emergency and an imperative public necessity that the

 4-6     constitutional rule requiring bills to be read on three several

 4-7     days in each house be suspended, and this rule is hereby suspended.