Bill Text: TX HB385 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of sexual assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Criminal Jurisprudence [HB385 Detail]
Download: Texas-2023-HB385-Introduced.html
| 88R908 EAS-F | ||
| By: Collier | H.B. No. 385 | |
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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. Section 22.011(b), Penal Code, is 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; | ||
| (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; | ||
| (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; | ||
| (13) the actor is a coach or tutor who causes the other | ||
| person to submit or participate by using the actor's power or | ||
| influence to exploit the other person's dependency on the actor; | ||
| [ |
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| (14) the actor is a caregiver hired to assist the other | ||
| person with activities of daily life and causes the other person to | ||
| submit or participate by exploiting the other person's dependency | ||
| on the actor; | ||
| (15) the actor knows the other person is intoxicated | ||
| by any substance such that the other person is incapable of | ||
| appraising the nature of the act; or | ||
| (16) the actor knows that the other person has | ||
| withdrawn consent to the act and the actor persists in the act after | ||
| consent is withdrawn. | ||
| SECTION 2. 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 | ||
| governed by the law in effect on the date 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 3. This Act takes effect September 1, 2023. | ||
