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.