| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the offensive touching of persons seeking access to |
|
|
public buildings and transportation; providing penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 22.011, Penal Code, is amended by |
|
|
amending Subsections (a) and (f) and adding Subsection (g) 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 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 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; or |
|
|
(3) as part of a search performed to grant access to a |
|
|
publicly accessible building or form of transportation, |
|
|
intentionally, knowingly, or recklessly: |
|
|
(A) searches another person without probable |
|
|
cause to believe the person committed an offense; and |
|
|
(B) touches the anus, sexual organ, or breasts of |
|
|
the other person, including touching through clothing, or touches |
|
|
the other person in a manner that would be offensive to a reasonable |
|
|
person. |
|
|
(f) An offense under Subsections (a)(1) and (a)(2) [this
|
|
|
section] is a felony of the second degree, except that an offense |
|
|
under Subsections (a)(1) and (a)(2) [this section] is a felony of |
|
|
the first degree if the victim was a person whom the actor was |
|
|
prohibited from marrying or purporting to marry or with whom the |
|
|
actor was prohibited from living under the appearance of being |
|
|
married under Section 25.01. An offense under Subsection (a)(3) is |
|
|
a state jail felony. |
|
|
(g) With the consent of the appropriate local county or |
|
|
district attorney, the attorney general has concurrent |
|
|
jurisdiction with that consenting local prosecutor to prosecute an |
|
|
offense under Subsection (a)(3). |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |