1-1           By:  Shapiro                                     S.B. No. 185

 1-2           (In the Senate - Filed January 9, 1997; January 15, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     February 12, 1997, reported favorably by the following vote:  Yeas

 1-5     7, Nays 0; February 12, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the prosecution of certain sexual assaults committed

 1-9     against children.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subsection (a), Section 22.011, Penal Code, is

1-12     amended to read as follows:

1-13           (a)  A person commits an offense if the person:

1-14                 (1)  intentionally or knowingly:

1-15                       (A)  causes the penetration of the anus or female

1-16     sexual organ of another person by any means, without that person's

1-17     consent;

1-18                       (B)  causes the penetration of the mouth of

1-19     another person by the sexual organ of the actor, without that

1-20     person's consent; or

1-21                       (C)  causes the sexual organ of another person,

1-22     without that person's consent, to contact or penetrate the mouth,

1-23     anus, or sexual organ of another person, including the actor; or

1-24                 (2)  intentionally or knowingly:

1-25                       (A)  causes the penetration of the anus or female

1-26     sexual organ of a child by any means;

1-27                       (B)  causes the penetration of the mouth of a

1-28     child by the sexual organ of the actor;

1-29                       (C)  causes the sexual organ of a child to

1-30     contact or penetrate the mouth, anus, or sexual organ of another

1-31     person, including the actor; [or]

1-32                       (D)  causes the anus of a child to contact the

1-33     mouth, anus, or sexual organ of another person, including the

1-34     actor; or

1-35                       (E)  causes the mouth of a child to contact the

1-36     anus or sexual organ of another person, including the actor.

1-37           SECTION 2.  Subsection (a), Section 22.021, Penal Code, is

1-38     amended to read as follows:

1-39           (a)  A person commits an offense:

1-40                 (1)  if the person:

1-41                       (A)  intentionally or knowingly:

1-42                             (i)  causes the penetration of the anus or

1-43     female sexual organ of another person by any means, without that

1-44     person's consent;

1-45                             (ii)  causes the penetration of the mouth

1-46     of another person by the sexual organ of the actor, without that

1-47     person's consent; or

1-48                             (iii)  causes the sexual organ of another

1-49     person, without that person's consent, to contact or penetrate the

1-50     mouth, anus, or sexual organ of another person, including the

1-51     actor; or

1-52                       (B)  intentionally or knowingly:

1-53                             (i)  causes the penetration of the anus or

1-54     female sexual organ of a child by any means;

1-55                             (ii)  causes the penetration of the mouth

1-56     of a child by the sexual organ of the actor;

1-57                             (iii)  causes the sexual organ of a child

1-58     to contact or penetrate the mouth, anus, or sexual organ of another

1-59     person, including the actor; [or]

1-60                             (iv)  causes the anus of a child to contact

1-61     the mouth, anus, or sexual organ of another person, including the

1-62     actor; or

1-63                             (v)  causes the mouth of a child to contact

1-64     the anus or sexual organ of another person, including the actor;

 2-1     and

 2-2                 (2)  if:

 2-3                       (A)  the person:

 2-4                             (i)  causes serious bodily injury or

 2-5     attempts to cause the death of the victim or another person in the

 2-6     course of the same criminal episode;

 2-7                             (ii)  by acts or words places the victim in

 2-8     fear that death, serious bodily injury, or kidnapping will be

 2-9     imminently inflicted on any person;

2-10                             (iii)  by acts or words occurring in the

2-11     presence of the victim threatens to cause the death, serious bodily

2-12     injury, or kidnapping of any person;

2-13                             (iv)  uses or exhibits a deadly weapon in

2-14     the course of the same criminal episode; or

2-15                             (v)  acts in concert with another who

2-16     engages in conduct described by Subdivision (1) directed toward the

2-17     same victim and occurring during the course of the same criminal

2-18     episode;

2-19                       (B)  the victim is younger than 14 years of age;

2-20     or

2-21                       (C)  the victim is 65 years of age or older.

2-22           SECTION 3.  This Act takes effect September 1, 1997.

2-23           SECTION 4.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended.

2-28                                  * * * * *