By: Riddle, et al. (Senate Sponsor - Hinojosa) H.B. No. 1246
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on Criminal
Justice; May 23, 2003, reported favorably by the following vote:
Yeas 4, Nays 0; May 23, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offenses of sexual assault and
aggravated sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.011(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or
[female] sexual organ of another person by any means, without that
person's consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or
[female] sexual organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
SECTION 2. Section 22.021(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or
[female] sexual organ of another person by any means, without that
person's consent;
(ii) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual organ of another
person, without that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the
actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or
[female] sexual organ of a child by any means;
(ii) causes the penetration of the mouth of
a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact
the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact
the anus or sexual organ of another person, including the actor;
and
(2) if:
(A) the person:
(i) causes serious bodily injury or
attempts to cause the death of the victim or another person in the
course of the same criminal episode;
(ii) by acts or words places the victim in
fear that death, serious bodily injury, or kidnapping will be
imminently inflicted on any person;
(iii) by acts or words occurring in the
presence of the victim threatens to cause the death, serious bodily
injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the
course of the same criminal episode;
(v) acts in concert with another who
engages in conduct described by Subdivision (1) directed toward the
same victim and occurring during the course of the same criminal
episode; or
(vi) administers or provides flunitrazepam,
otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to
the victim of the offense with the intent of facilitating the
commission of the offense;
(B) the victim is younger than 14 years of age;
or
(C) the victim is 65 years of age or older.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For the purposes of this subsection, an
offense was committed before September 1, 2003, if any element of
the offense was committed before that date.
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