By:  Cain, West                                       S.B. No. 1100
              Moncrief, Shapleigh
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the use of certain controlled substances to facilitate
 1-2     the commission of the offense of aggravated sexual assault;
 1-3     providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 22.021, Penal Code, is
 1-6     amended to read as follows:
 1-7           (a)  A person commits an offense:
 1-8                 (1)  if the person:
 1-9                       (A)  intentionally or knowingly:
1-10                             (i)  causes the penetration of the anus or
1-11     female sexual organ of another person by any means, without that
1-12     person's consent;
1-13                             (ii)  causes the penetration of the mouth
1-14     of another person by the sexual organ of the actor, without that
1-15     person's consent; or
1-16                             (iii)  causes the sexual organ of another
1-17     person, without that person's consent, to contact or penetrate the
1-18     mouth, anus, or sexual organ of another person, including the
1-19     actor; or
1-20                       (B)  intentionally or knowingly:
1-21                             (i)  causes the penetration of the anus or
1-22     female sexual organ of a child by any means;
1-23                             (ii)  causes the penetration of the mouth
1-24     of a child by the sexual organ of the actor;
 2-1                             (iii)  causes the sexual organ of a child
 2-2     to contact or penetrate the mouth, anus, or sexual organ of another
 2-3     person, including the actor;
 2-4                             (iv)  causes the anus of a child to contact
 2-5     the mouth, anus, or sexual organ of another person, including the
 2-6     actor; or
 2-7                             (v)  causes the mouth of a child to contact
 2-8     the anus or sexual organ of another person, including the actor;
 2-9     and
2-10                 (2)  if:
2-11                       (A)  the person:
2-12                             (i)  causes serious bodily injury or
2-13     attempts to cause the death of the victim or another person in the
2-14     course of the same criminal episode;
2-15                             (ii)  by acts or words places the victim in
2-16     fear that death, serious bodily injury, or kidnapping will be
2-17     imminently inflicted on any person;
2-18                             (iii)  by acts or words occurring in the
2-19     presence of the victim threatens to cause the death, serious bodily
2-20     injury, or kidnapping of any person;
2-21                             (iv)  uses or exhibits a deadly weapon in
2-22     the course of the same criminal episode; [or]
2-23                             (v)  acts in concert with another who
2-24     engages in conduct described by Subdivision (1) directed toward the
2-25     same victim and occurring during the course of the same criminal
2-26     episode; or
 3-1                             (vi)  administers or provides
 3-2     flunitrazepam, otherwise known as rohypnol, or gamma
 3-3     hydroxybutyrate to the victim of the offense with the intent of
 3-4     facilitating the commission of the offense;
 3-5                       (B)  the victim is younger than 14 years of age;
 3-6     or
 3-7                       (C)  the victim is 65 years of age or older.                    
 3-8           SECTION 2.  (a)  The change in law made by this Act applies
 3-9     only to an offense committed on or after the effective date of this
3-10     Act.  For purposes of this section, an offense is committed before
3-11     the effective date of this Act if any element of the offense occurs
3-12     before the effective date.
3-13           (b)  An offense committed before the effective date of this
3-14     Act is covered by the law in effect when the offense was committed,
3-15     and the former law is continued in effect for that purpose.
3-16           SECTION 3.  This Act takes effect September 1, 1999.
3-17           SECTION 4.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended.