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.
3-22 COMMITTEE AMENDMENT NO. 1
3-23 Amend S.B. No. 1100 (senate engrossment) by adding an
3-24 appropriately numbered SECTION to read as follows and by
3-25 renumbering existing SECTIONS accordingly:
3-26 SECTION ____. (a) Subchapter D, Chapter 12, Penal Code, is
4-1 amended by adding Section 12.48 to read as follows:
4-2 Sec. 12.48. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT
4-3 OFFENSE. If the court makes an affirmative finding under Article
4-4 42.015, Code of Criminal Procedure, in the punishment phase of the
4-5 trial of an offense under Chapter 29, Chapter 31, or Title 5, other
4-6 than a first degree felony or a Class A misdemeanor, the punishment
4-7 for the offense is increased to the punishment prescribed for the
4-8 next highest category of offense. If the offense is a Class A
4-9 misdemeanor, the minimum term of confinement for the offense is
4-10 increased to 180 days.
4-11 (b) Chapter 42, Code of Criminal Procedure, is amended by
4-12 adding Article 42.015 to read as follows:
4-13 Art. 42.015. FINDING THAT CONTROLLED SUBSTANCE USED TO
4-14 COMMIT OFFENSE. In the punishment phase of the trial of an offense
4-15 under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court
4-16 determines beyond a reasonable doubt that the defendant
4-17 administered or provided a controlled substance to the victim of
4-18 the offense with the intent of facilitating the commission of the
4-19 offense, the court shall make an affirmative finding of that fact
4-20 and enter the affirmative finding in the judgment of that case.
4-21 (c) The change in the law made by this section applies only
4-22 to an offense committed on or after the effective date of this Act.
4-23 An offense committed before the effective date of this Act is
4-24 covered by the law in effect when the offense was committed, and
4-25 the former law is continued in effect for that purpose. For
4-26 purposes of this subsection, an offense was committed before the
5-1 effective date of this Act if any element of the offense occurred
5-2 before that date.
5-3 76R16890 KEL-D Wise