Bill Text: TX HB5179 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to creating a cause of action for nonconsensual condom removal.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2023-04-05 - Left pending in committee [HB5179 Detail]
Download: Texas-2023-HB5179-Introduced.html
88R7705 MZM-D | ||
By: Plesa | H.B. No. 5179 |
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relating to creating a cause of action for nonconsensual condom | ||
removal. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 98C to read as follows: | ||
CHAPTER 98C. LIABILITY FOR NONCONSENSUAL REMOVAL OF CONDOM DURING | ||
INTERCOURSE | ||
Sec. 98C.001. LIABILITY FOR NONCONSENSUAL REMOVAL OF CONDOM | ||
DURING INTERCOURSE. A defendant is liable to an individual if the | ||
defendant, after removing a condom without the individual's | ||
consent, caused contact between the defendant's sexual organ and | ||
the individual's anus or sexual organ. | ||
Sec. 98C.002. DAMAGES. (a) A court shall award a claimant | ||
who prevails in an action brought under this chapter: | ||
(1) actual damages, including damages for mental | ||
anguish; | ||
(2) appropriate injunctive relief; | ||
(3) court costs; and | ||
(4) reasonable attorney's fees. | ||
(b) In addition to an award under Subsection (a), a claimant | ||
who prevails in an action brought under this chapter may recover | ||
exemplary damages. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |