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