1-1 By: Cain S.B. No. 1100
1-2 (In the Senate - Filed March 10, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 23, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the use of certain controlled substances to facilitate
1-9 the commission of the offense of aggravated sexual assault;
1-10 providing a penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (a), Section 22.021, Penal Code, is
1-13 amended to read as follows:
1-14 (a) A person commits an offense:
1-15 (1) if the person:
1-16 (A) intentionally or knowingly:
1-17 (i) causes the penetration of the anus or
1-18 female sexual organ of another person by any means, without that
1-19 person's consent;
1-20 (ii) causes the penetration of the mouth
1-21 of another person by the sexual organ of the actor, without that
1-22 person's consent; or
1-23 (iii) causes the sexual organ of another
1-24 person, without that person's consent, to contact or penetrate the
1-25 mouth, anus, or sexual organ of another person, including the
1-26 actor; or
1-27 (B) intentionally or knowingly:
1-28 (i) causes the penetration of the anus or
1-29 female sexual organ of a child by any means;
1-30 (ii) causes the penetration of the mouth
1-31 of a child by the sexual organ of the actor;
1-32 (iii) causes the sexual organ of a child
1-33 to contact or penetrate the mouth, anus, or sexual organ of another
1-34 person, including the actor;
1-35 (iv) causes the anus of a child to contact
1-36 the mouth, anus, or sexual organ of another person, including the
1-37 actor; or
1-38 (v) causes the mouth of a child to contact
1-39 the anus or sexual organ of another person, including the actor;
1-40 and
1-41 (2) if:
1-42 (A) the person:
1-43 (i) causes serious bodily injury or
1-44 attempts to cause the death of the victim or another person in the
1-45 course of the same criminal episode;
1-46 (ii) by acts or words places the victim in
1-47 fear that death, serious bodily injury, or kidnapping will be
1-48 imminently inflicted on any person;
1-49 (iii) by acts or words occurring in the
1-50 presence of the victim threatens to cause the death, serious bodily
1-51 injury, or kidnapping of any person;
1-52 (iv) uses or exhibits a deadly weapon in
1-53 the course of the same criminal episode; [or]
1-54 (v) acts in concert with another who
1-55 engages in conduct described by Subdivision (1) directed toward the
1-56 same victim and occurring during the course of the same criminal
1-57 episode; or
1-58 (vi) administers or provides
1-59 flunitrazepam, otherwise known as rohypnol, or gamma
1-60 hydroxybutyrate to the victim of the offense with the intent of
1-61 facilitating the commission of the offense;
1-62 (B) the victim is younger than 14 years of age;
1-63 or
1-64 (C) the victim is 65 years of age or older.
2-1 SECTION 2. (a) The change in law made by this Act applies
2-2 only to an offense committed on or after the effective date of this
2-3 Act. For purposes of this section, an offense is committed before
2-4 the effective date of this Act if any element of the offense occurs
2-5 before the effective date.
2-6 (b) An offense committed before the effective date of this
2-7 Act is covered by the law in effect when the offense was committed,
2-8 and the former law is continued in effect for that purpose.
2-9 SECTION 3. This Act takes effect September 1, 1999.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
2-15 * * * * *