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.