By Cain S.B. No. 1100
76R5397 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain controlled substances to facilitate
1-3 the commission of the offense of aggravated sexual assault;
1-4 providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22.021(a), Penal Code, is amended to read
1-7 as follows:
1-8 (a) A person commits an offense:
1-9 (1) if the person:
1-10 (A) intentionally or knowingly:
1-11 (i) causes the penetration of the anus or
1-12 female sexual organ of another person by any means, without that
1-13 person's consent;
1-14 (ii) causes the penetration of the mouth
1-15 of another person by the sexual organ of the actor, without that
1-16 person's consent; or
1-17 (iii) causes the sexual organ of another
1-18 person, without that person's consent, to contact or penetrate the
1-19 mouth, anus, or sexual organ of another person, including the
1-20 actor; or
1-21 (B) intentionally or knowingly:
1-22 (i) causes the penetration of the anus or
1-23 female sexual organ of a child by any means;
1-24 (ii) causes the penetration of the mouth
2-1 of a child by the sexual organ of the actor;
2-2 (iii) causes the sexual organ of a child
2-3 to contact or penetrate the mouth, anus, or sexual organ of another
2-4 person, including the actor;
2-5 (iv) causes the anus of a child to contact
2-6 the mouth, anus, or sexual organ of another person, including the
2-7 actor; or
2-8 (v) causes the mouth of a child to contact
2-9 the anus or sexual organ of another person, including the actor;
2-10 and
2-11 (2) if:
2-12 (A) the person:
2-13 (i) causes serious bodily injury or
2-14 attempts to cause the death of the victim or another person in the
2-15 course of the same criminal episode;
2-16 (ii) by acts or words places the victim in
2-17 fear that death, serious bodily injury, or kidnapping will be
2-18 imminently inflicted on any person;
2-19 (iii) by acts or words occurring in the
2-20 presence of the victim threatens to cause the death, serious bodily
2-21 injury, or kidnapping of any person;
2-22 (iv) uses or exhibits a deadly weapon in
2-23 the course of the same criminal episode; [or]
2-24 (v) acts in concert with another who
2-25 engages in conduct described by Subdivision (1) directed toward the
2-26 same victim and occurring during the course of the same criminal
2-27 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.