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 * * * * *