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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.011(b), Penal Code, is amended to |
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read as follows: |
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(b) A sexual assault under Subsection (a)(1) is without the |
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consent of the other person if: |
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(1) the actor compels the other person to submit or |
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participate by the use of physical force, violence, or coercion; |
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(2) the actor compels the other person to submit or |
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participate by threatening to use force or violence against the |
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other person or to cause harm to the other person, and the other |
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person believes that the actor has the present ability to execute |
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the threat; |
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(3) [the other person has not consented and] the actor |
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knows or reasonably should know the other person is: |
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(A) unconscious; [or] |
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(B) physically unable to resist; |
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(C) incapable either of appraising the nature of |
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the act or of resisting the act; or |
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(D) unaware that the sexual assault is occurring; |
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(4) the actor knows or reasonably should know that the |
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other person has withdrawn consent to the act and the actor persists |
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after consent is withdrawn [the actor knows that as a result of |
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mental disease or defect the other person is at the time of the |
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sexual assault incapable either of appraising the nature of the act |
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or of resisting it]; |
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(5) the actor knows or reasonably should know the |
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other person is intoxicated by any substance such that the other |
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person is incapable of consenting to the act [the other person has |
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not consented and the actor knows the other person is unaware that |
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the sexual assault is occurring]; |
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(6) [the actor has intentionally impaired the other |
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person's power to appraise or control the other person's conduct by |
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administering any substance without the other person's knowledge; |
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[(7)] the actor compels the other person to submit or |
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participate by threatening to use force or violence against any |
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person, and the other person believes that the actor has the ability |
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to execute the threat; |
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(7) [(8)] the actor is a public servant who coerces |
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the other person to submit or participate; |
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(8) [(9)] the actor is a mental health services |
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provider or a health care services provider who causes the other |
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person, who is a patient or former patient of the actor, to submit |
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or participate by exploiting the other person's emotional |
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dependency on the actor; |
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(9) [(10)] the actor is a clergyman who causes the |
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other person to submit or participate by exploiting the other |
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person's emotional dependency on the clergyman in the clergyman's |
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professional character as spiritual adviser; |
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(10) [(11)] the actor is an employee of a facility |
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where the other person is a resident, unless the employee and |
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resident are formally or informally married to each other under |
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Chapter 2, Family Code; |
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(11) [(12)] the actor is a health care services |
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provider who, in the course of performing an assisted reproduction |
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procedure on the other person, uses human reproductive material |
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from a donor knowing that the other person has not expressly |
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consented to the use of material from that donor; |
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(12) [(13)] the actor is a coach or tutor who causes |
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the other person to submit or participate by using the actor's power |
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or influence to exploit the other person's dependency on the actor; |
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or |
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(13) [(14)] the actor is a caregiver hired to assist |
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the other person with activities of daily life and causes the other |
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person to submit or participate by exploiting the other person's |
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dependency on the actor. |
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SECTION 2. Section 22.011(c), Penal Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Consent" has the meaning assigned by Section |
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1.07. |
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SECTION 3. Section 154.051(d-1), Occupations Code, is |
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amended to read as follows: |
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(d-1) The board may not consider or act on a complaint |
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involving an alleged violation of Section 22.011(b)(11) |
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[22.011(b)(12)], Penal Code, that occurred more than seven years |
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before the date on which the complaint is received by the board or |
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more than 2 years from the date the complainant knew or should have |
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known of the facts giving rise to the complaint, whichever is later. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |