By Danburg                                            H.B. No. 1373
         77R5662 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to conduct constituting consent for the purposes of the
 1-3     prosecution of the offense of sexual assault.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 22.011(b), Penal Code, is amended to read
 1-6     as follows:
 1-7           (b)  A sexual assault under Subsection (a)(1) is without the
 1-8     consent of the other person if:
 1-9                 (1)  the actor compels the other person to submit or
1-10     participate by the use of physical force or violence;
1-11                 (2)  the actor compels the other person to submit or
1-12     participate by threatening to use force or violence against the
1-13     other person, and the other person believes that the actor has the
1-14     present ability to execute the threat;
1-15                 (3)  the other person has not consented and the actor
1-16     knows the other person is unconscious or physically unable to
1-17     resist;     
1-18                 (4)  the actor knows that as a result of mental disease
1-19     or defect the other person is at the time of the sexual assault
1-20     incapable either of appraising the nature of the act or of
1-21     resisting it;
1-22                 (5)  the other person has not consented and the actor
1-23     knows the other person is unaware that the sexual assault is
1-24     occurring;
 2-1                 (6)  the actor has intentionally impaired or knows that
 2-2     another has intentionally impaired the other person's power to
 2-3     appraise or control the other person's conduct by administering any
 2-4     substance without the other person's knowledge;
 2-5                 (7)  the actor compels the other person to submit or
 2-6     participate by threatening to use force or violence against any
 2-7     person, and the other person believes that the actor has the
 2-8     ability to execute the threat;
 2-9                 (8)  the actor is a public servant who coerces the
2-10     other person to submit or participate;
2-11                 (9)  the actor is a mental health services provider or
2-12     a health care services provider who causes the other person, who is
2-13     a patient or former patient of the actor, to submit or participate
2-14     by exploiting the other person's emotional dependency on the actor;
2-15     [or]
2-16                 (10)  the actor is a clergyman who causes the other
2-17     person to submit or participate by exploiting the other person's
2-18     emotional dependency on the clergyman in the clergyman's
2-19     professional character as spiritual adviser; or
2-20                 (11)  the other person does not consent by words or
2-21     conduct.
2-22           SECTION 2. (a)  The change in law made by this Act applies
2-23     only to an offense committed on or after the effective date of this
2-24     Act.  For purposes of this section, an offense is committed before
2-25     the effective date of this Act if any element of the offense occurs
2-26     before the effective date.
2-27           (b)  An offense committed before the effective date of this
 3-1     Act is covered by the law in effect when the offense was committed,
 3-2     and the former law is continued in effect for that purpose.
 3-3           SECTION 3. This Act takes effect September 1, 2001.