SRC-TAG S.B. 837 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 837
By: Williams
Criminal Justice
6/29/2003
Enrolled

DIGEST AND PURPOSE 

Under Section 22.021 (Aggravated Sexual Assault), Penal Code , a person
commits an aggravated sexual assault if the victim is younger than 14
years of age or older than 65 years of age.  However, this provision fails
to include disabled individuals in the protected class of sexual assault
prosecutions.  S.B. 837 amends the Penal Code to include disabled
individuals as a specially-protected class of victims for the purposes of
aggravated sexual assault prosecutions.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 22.021(a) and (b), Penal Code, as follows:

(a)   Provides that a person commits an offense if the person causes
serious bodily injury or attempts to cause the death of a victim or
another person in the course of a criminal episode if the victim is an
elderly or a disabled individual. 

(b)  Defines "elderly individual" and disabled individual, and makes
nonsubstantive changes to the definition of  "child." 

SECTION 2.  Effective date: September 1, 2003.
            Makes application of this Act prospective.