Bill Text: TX HB4565 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the prosecution of the criminal offense of sexual assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-06 - Committee report sent to Calendars [HB4565 Detail]
Download: Texas-2021-HB4565-Comm_Sub.html
87R20836 AJZ-D | |||
By: Ramos | H.B. No. 4565 | ||
Substitute the following for H.B. No. 4565: | |||
By: Crockett | C.S.H.B. No. 4565 |
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relating to the prosecution of the criminal 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; [ |
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(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; or | ||
(13) the actor is a law enforcement officer and the | ||
other person is arrested or detained or otherwise in the custody of | ||
law enforcement. | ||
SECTION 2. Section 22.011(c), Penal Code, is amended by | ||
adding Subdivision (8) to read as follows: | ||
(8) "Law enforcement officer" means a peace officer, | ||
reserve law enforcement officer, county jailer, school marshal, or | ||
public security officer, as each of those terms is defined by | ||
Section 1701.001, Occupations Code, who is licensed under Chapter | ||
1701 of that code. | ||
SECTION 3. 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 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, 2021. |