78R9498 EMT-D

By:  Deuell                                                       S.B. No. 1898



A BILL TO BE ENTITLED

AN ACT

relating to the offense of aggravated sexual assault against a 
person with mental retardation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 22.021(a) and (b), Penal Code, are 
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; or                       
			(D)  the victim is a person with mental 
retardation.                
	(b)  In this section:                                                   
		(1)  "Child" [, "child"] has the meaning assigned [that 
term] by Section 22.011(c).
		(2)  "Person with mental retardation" has the meaning 
assigned by Section 531.002, Health and Safety Code.
	SECTION 2.  (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 the effective date of this Act.  An 
offense committed before the effective date of this Act is covered 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.  For purposes of this 
subsection, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.