By: Barrientos S.B. No. 542 A BILL TO BE ENTITLED 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, a 2-10 physician licensed under the Medical Practice Act (Article 4495b, 2-11 Vernon's Texas Civil Statutes), or a chiropractor licensed under 2-12 Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 2-13 (Article 4512b, Vernon's Texas Civil Statutes), a licensed 2-14 vocational nurse licensed under Chapter 118, Acts of the 52nd 2-15 Legislature, 1951 (Article 4528c, Vernon's Texas Civil Statutes), a 2-16 physical therapist licensed under Chapter 836, Acts of the 62nd 2-17 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas 2-18 Civil Statutes), a physician's assistant licensed under the 2-19 Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas 2-20 Civil Statutes), or a registered nurse or an advanced practice 2-21 nurse licensed under Chapter 7, Title 71, Revised Statutes, who 2-22 causes the other person, who is a patient or former patient of the 2-23 actor, to submit or participate by exploiting the other person's 2-24 emotional dependency on the actor; or 2-25 (10) the actor is a clergyman who causes the other 3-1 person to submit or participate by exploiting the other person's 3-2 emotional dependency on the clergyman in the clergyman's 3-3 professional character as spiritual adviser. 3-4 SECTION 2. (a) The change in law made by this Act applies 3-5 only to an offense committed on or after the effective date of this 3-6 Act. For purposes of this section, an offense is committed before 3-7 the effective date of this Act if any element of the offense occurs 3-8 before the effective date. 3-9 (b) An offense committed before the effective date of this 3-10 Act is covered by the law in effect when the offense was committed, 3-11 and the former law is continued in effect for that purpose. 3-12 SECTION 3. This Act takes effect September 1, 1997. 3-13 SECTION 4. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended. 3-18 COMMITTEE AMENDMENT NO. 1 3-19 Amend S.B. No. 542 as follows: 3-20 (1) In SECTION 1 of the bill, in amended Section 3-21 22.011(b)(9), Penal Code (senate engrossment, page 2, lines 9-21), 3-22 strike the text beginning with ", a physician licensed under" and 3-23 ending with "Title 71, Revised Statutes,", and substitute "or a 3-24 health care services provider". 3-25 (2) Add an appropriately numbered SECTION to the bill to 4-1 read as follows and renumber existing SECTIONS of the bill 4-2 accordingly: 4-3 SECTION ____. Section 22.011(c), Penal Code, is amended by 4-4 adding Subdivision (3) to read as follows: 4-5 (3) "Health care services provider" means: 4-6 (A) a physician licensed under the Medical 4-7 Practice Act (Article 4495b, Vernon's Texas Civil Statutes); 4-8 (B) a chiropractor licensed under Chapter 94, 4-9 Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, 4-10 Vernon's Texas Civil Statutes); 4-11 (C) a licensed vocational nurse licensed under 4-12 Chapter 118, Acts of the 52nd Legislature, Regular Session, 1951 4-13 (Article 4528c, Vernon's Texas Civil Statutes); 4-14 (D) a physical therapist licensed under Chapter 4-15 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4-16 4512e, Vernon's Texas Civil Statutes); 4-17 (E) a physician's assistant licensed under the 4-18 Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas 4-19 Civil Statutes); or 4-20 (F) a registered nurse or an advanced practice 4-21 nurse licensed under Chapter 7, Title 71, Revised Statutes. 4-22 75R15139 GWK-D Place