AN ACT
1-1 relating to the prosecution of the offense of sexual assault.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 22.011, Penal Code, is
1-4 amended to read as follows:
1-5 (b) A sexual assault under Subsection (a)(1) is without the
1-6 consent of the other person if:
1-7 (1) the actor compels the other person to submit or
1-8 participate by the use of physical force or violence;
1-9 (2) the actor compels the other person to submit or
1-10 participate by threatening to use force or violence against the
1-11 other person, and the other person believes that the actor has the
1-12 present ability to execute the threat;
1-13 (3) the other person has not consented and the actor
1-14 knows the other person is unconscious or physically unable to
1-15 resist;
1-16 (4) the actor knows that as a result of mental disease
1-17 or defect the other person is at the time of the sexual assault
1-18 incapable either of appraising the nature of the act or of
1-19 resisting it;
1-20 (5) the other person has not consented and the actor
1-21 knows the other person is unaware that the sexual assault is
1-22 occurring;
1-23 (6) the actor has intentionally impaired the other
2-1 person's power to appraise or control the other person's conduct by
2-2 administering any substance without the other person's knowledge;
2-3 (7) the actor compels the other person to submit or
2-4 participate by threatening to use force or violence against any
2-5 person, and the other person believes that the actor has the
2-6 ability to execute the threat;
2-7 (8) the actor is a public servant who coerces the
2-8 other person to submit or participate;
2-9 (9) the actor is a mental health services provider or
2-10 a health care services provider who causes the other person, who is
2-11 a patient or former patient of the actor, to submit or participate
2-12 by exploiting the other person's emotional dependency on the actor;
2-13 or
2-14 (10) the actor is a clergyman who causes the other
2-15 person to submit or participate by exploiting the other person's
2-16 emotional dependency on the clergyman in the clergyman's
2-17 professional character as spiritual adviser.
2-18 SECTION 2. Subsection (c), Section 22.011, Penal Code, is
2-19 amended by adding Subdivision (3) to read as follows:
2-20 (3) "Health care services provider" means:
2-21 (A) a physician licensed under the Medical
2-22 Practice Act (Article 4495b, Vernon's Texas Civil Statutes);
2-23 (B) a chiropractor licensed under Chapter 94,
2-24 Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b,
2-25 Vernon's Texas Civil Statutes);
3-1 (C) a licensed vocational nurse licensed under
3-2 Chapter 118, Acts of the 52nd Legislature, 1951 (Article 4528c,
3-3 Vernon's Texas Civil Statutes);
3-4 (D) a physical therapist licensed under Chapter
3-5 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article
3-6 4512e, Vernon's Texas Civil Statutes);
3-7 (E) a physician assistant licensed under the
3-8 Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas
3-9 Civil Statutes); or
3-10 (F) a registered nurse or an advanced practice
3-11 nurse licensed under Chapter 7, Title 71, Revised Statutes.
3-12 SECTION 3. (a) The change in law made by this Act applies
3-13 only to an offense committed on or after the effective date of this
3-14 Act. For purposes of this section, an offense is committed before
3-15 the effective date of this Act if any element of the offense occurs
3-16 before the effective date.
3-17 (b) An offense committed before the effective date of this
3-18 Act is covered by the law in effect when the offense was committed,
3-19 and the former law is continued in effect for that purpose.
3-20 SECTION 4. This Act takes effect September 1, 1997.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 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. 542 passed the Senate on
April 15, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 30, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 542 passed the House, with
amendment, on May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor