Bill Text: TX HB3705 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of sexual assault.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-19 - Referred to Criminal Jurisprudence [HB3705 Detail]
Download: Texas-2019-HB3705-Introduced.html
| 86R11850 AJZ-D | ||
| By: Klick | H.B. No. 3705 | |
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| relating to the prosecution of the offense of sexual assault. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 22.011(b) and (f), Penal Code, are | ||
| amended to read as follows: | ||
| (b) A sexual assault under Subsection (a)(1) is without the | ||
| consent of the other person if: | ||
| (1) the actor compels the other person to submit or | ||
| participate by the use of physical force, violence, or coercion; | ||
| (2) the actor compels the other person to submit or | ||
| participate by threatening to use force or violence against the | ||
| other person or to cause harm to the other person, and the other | ||
| person believes that the actor has the present ability to execute | ||
| the threat; | ||
| (3) the other person has not consented and the actor | ||
| knows the other person is unconscious or physically unable to | ||
| resist; | ||
| (4) the actor knows that as a result of mental disease | ||
| or defect the other person is at the time of the sexual assault | ||
| incapable either of appraising the nature of the act or of resisting | ||
| it; | ||
| (5) the other person has not consented and the actor | ||
| knows the other person is unaware that the sexual assault is | ||
| occurring; | ||
| (6) the actor has intentionally impaired the other | ||
| person's power to appraise or control the other person's conduct by | ||
| administering any substance without the other person's knowledge; | ||
| (7) the actor compels the other person to submit or | ||
| participate by threatening to use force or violence against any | ||
| person, and the other person believes that the actor has the ability | ||
| to execute the threat; | ||
| (8) the actor is a public servant who coerces the other | ||
| person to submit or participate; | ||
| (9) the actor is a mental health services provider or a | ||
| health care services provider who causes the other person, who is a | ||
| patient or former patient of the actor, to submit or participate by | ||
| exploiting the other person's emotional dependency on the actor; | ||
| (10) the actor is a clergyman who causes the other | ||
| person to submit or participate by exploiting the other person's | ||
| emotional dependency on the clergyman in the clergyman's | ||
| professional character as spiritual adviser; [ |
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| (11) the actor is an employee of a facility where the | ||
| other person is a resident, unless the employee and resident are | ||
| formally or informally married to each other under Chapter 2, | ||
| Family Code; or | ||
| (12) the actor is a health care services provider who, | ||
| in the course of performing an assisted reproduction procedure on | ||
| the other person, uses human reproductive material from a donor | ||
| knowing that the other person has not expressly consented to the use | ||
| of material from that donor. | ||
| (f) An offense under this section is a felony of the second | ||
| degree, except that an offense under this section is: | ||
| (1) 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; or | ||
| (2) a state jail felony if the offense is committed | ||
| under Subsection (a)(1) and the actor has not received express | ||
| consent as described by Subsection (b)(12). | ||
| SECTION 2. Section 22.011(c), Penal Code, is amended by | ||
| adding Subdivisions (6) and (7) to read as follows: | ||
| (6) "Assisted reproduction" and "donor" have the | ||
| meanings assigned by Section 160.102, Family Code. | ||
| (7) "Human reproductive material" means: | ||
| (A) a human spermatozoon or ovum; or | ||
| (B) a human organism at any stage of development | ||
| from fertilized ovum to embryo. | ||
| SECTION 3. The changes in law made by this Act apply 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 governed | ||
| 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 | ||
| section, an offense was committed before the effective date of this | ||
| Act if any element of the offense occurred before that date. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
