82R7300 JRH-F
By: Simpson H.B. No. 1937
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.