AN ACT
1-1 relating to the use of controlled substances to facilitate the
1-2 commission of certain offenses; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 22.021, Penal Code, is
1-5 amended to read as follows:
1-6 (a) A person commits an offense:
1-7 (1) if the person:
1-8 (A) intentionally or knowingly:
1-9 (i) causes the penetration of the anus or
1-10 female sexual organ of another person by any means, without that
1-11 person's consent;
1-12 (ii) causes the penetration of the mouth
1-13 of another person by the sexual organ of the actor, without that
1-14 person's consent; or
1-15 (iii) causes the sexual organ of another
1-16 person, without that person's consent, to contact or penetrate the
1-17 mouth, anus, or sexual organ of another person, including the
1-18 actor; or
1-19 (B) intentionally or knowingly:
1-20 (i) causes the penetration of the anus or
1-21 female sexual organ of a child by any means;
1-22 (ii) causes the penetration of the mouth
1-23 of a child by the sexual organ of the actor;
1-24 (iii) causes the sexual organ of a child
2-1 to contact or penetrate the mouth, anus, or sexual organ of another
2-2 person, including the actor;
2-3 (iv) causes the anus of a child to contact
2-4 the mouth, anus, or sexual organ of another person, including the
2-5 actor; or
2-6 (v) causes the mouth of a child to contact
2-7 the anus or sexual organ of another person, including the actor;
2-8 and
2-9 (2) if:
2-10 (A) the person:
2-11 (i) causes serious bodily injury or
2-12 attempts to cause the death of the victim or another person in the
2-13 course of the same criminal episode;
2-14 (ii) by acts or words places the victim in
2-15 fear that death, serious bodily injury, or kidnapping will be
2-16 imminently inflicted on any person;
2-17 (iii) by acts or words occurring in the
2-18 presence of the victim threatens to cause the death, serious bodily
2-19 injury, or kidnapping of any person;
2-20 (iv) uses or exhibits a deadly weapon in
2-21 the course of the same criminal episode; [or]
2-22 (v) acts in concert with another who
2-23 engages in conduct described by Subdivision (1) directed toward the
2-24 same victim and occurring during the course of the same criminal
2-25 episode; or
2-26 (vi) administers or provides
3-1 flunitrazepam, otherwise known as rohypnol, or gamma
3-2 hydroxybutyrate to the victim of the offense with the intent of
3-3 facilitating the commission of the offense;
3-4 (B) the victim is younger than 14 years of age;
3-5 or
3-6 (C) the victim is 65 years of age or older.
3-7 SECTION 2. (a) Subchapter D, Chapter 12, Penal Code, is
3-8 amended by adding Section 12.48 to read as follows:
3-9 Sec. 12.48. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT
3-10 OFFENSE. If the court makes an affirmative finding under Article
3-11 42.015, Code of Criminal Procedure, in the punishment phase of the
3-12 trial of an offense under Chapter 29, Chapter 31, or Title 5, other
3-13 than a first degree felony or a Class A misdemeanor, the punishment
3-14 for the offense is increased to the punishment prescribed for the
3-15 next highest category of offense. If the offense is a Class A
3-16 misdemeanor, the minimum term of confinement for the offense is
3-17 increased to 180 days.
3-18 (b) Chapter 42, Code of Criminal Procedure, is amended by
3-19 adding Article 42.015 to read as follows:
3-20 Art. 42.015. FINDING THAT CONTROLLED SUBSTANCE USED TO
3-21 COMMIT OFFENSE. In the punishment phase of the trial of an offense
3-22 under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court
3-23 determines beyond a reasonable doubt that the defendant
3-24 administered or provided a controlled substance to the victim of
3-25 the offense with the intent of facilitating the commission of the
3-26 offense, the court shall make an affirmative finding of that fact
4-1 and enter the affirmative finding in the judgment of that case.
4-2 (c) The change in the law made by this section applies only
4-3 to an offense committed on or after the effective date of this Act.
4-4 An offense committed before the effective date of this Act is
4-5 covered by the law in effect when the offense was committed, and
4-6 the former law is continued in effect for that purpose. For
4-7 purposes of this subsection, an offense was committed before the
4-8 effective date of this Act if any element of the offense occurred
4-9 before that date.
4-10 SECTION 3. (a) The change in law made by this Act applies
4-11 only to an offense committed on or after the effective date of this
4-12 Act. For purposes of this section, an offense is committed before
4-13 the effective date of this Act if any element of the offense occurs
4-14 before the effective date.
4-15 (b) An offense committed before the effective date of this
4-16 Act is covered by the law in effect when the offense was committed,
4-17 and the former law is continued in effect for that purpose.
4-18 SECTION 4. This Act takes effect September 1, 1999.
4-19 SECTION 5. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1100 passed the Senate on
May 5, 1999, by a viva-voce vote; and that the Senate concurred in
House amendment on May 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1100 passed the House, with
amendment, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor