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