By Danburg                                             H.B. No. 650
         76R3299 JMC-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of the offense of sexual assault.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 22.011(b), Penal Code, is amended to read
 1-5     as follows:
 1-6           (b)  A sexual assault under Subsection (a)(1) is without the
 1-7     consent of the other person if:
 1-8                 (1)  the actor compels the other person to submit or
 1-9     participate by the use of physical force or violence;
1-10                 (2)  the actor compels the other person to submit or
1-11     participate by threatening to use force or violence against the
1-12     other person, and the other person believes that the actor has the
1-13     present ability to execute the threat;
1-14                 (3)  the other person has not consented and the actor
1-15     knows the other person is unconscious or physically unable to
1-16     resist;
1-17                 (4)  the actor knows that as a result of mental disease
1-18     or defect the other person is at the time of the sexual assault
1-19     incapable either of appraising the nature of the act or of
1-20     resisting it;
1-21                 (5)  the other person has not consented and the actor
1-22     knows the other person is unaware that the sexual assault is
1-23     occurring;
1-24                 (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; or
2-18                 (11)  the other person expresses lack of consent by
2-19     words or conduct.
2-20           SECTION 2.  (a)  The change in law made by this Act applies
2-21     only to an offense committed on or after the effective date of this
2-22     Act.  For purposes of this section, an offense is committed before
2-23     the effective date of this Act if any element of the offense occurs
2-24     before the effective date.
2-25           (b)  An offense committed before the effective date of this
2-26     Act is covered by the law in effect when the offense was committed,
2-27     and the former law is continued in effect for that purpose.
 3-1           SECTION 3.  This Act takes effect September 1, 1999.
 3-2           SECTION 4.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended.