By Danburg H.B. No. 2042
77R6576 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to proving a lack of consent in the prosecution of the
1-3 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 the other
2-2 person's power to appraise or control the other person's conduct by
2-3 administering any substance without the other person's knowledge;
2-4 (7) the actor compels the other person to submit or
2-5 participate by threatening to use force or violence against any
2-6 person, and the other person believes that the actor has the
2-7 ability to execute the threat;
2-8 (8) the actor is a public servant who coerces the
2-9 other person to submit or participate;
2-10 (9) the actor is a mental health services provider or
2-11 a health care services provider who causes the other person, who is
2-12 a patient or former patient of the actor, to submit or participate
2-13 by exploiting the other person's emotional dependency on the actor;
2-14 [or]
2-15 (10) the actor is a clergyman who causes the other
2-16 person to submit or participate by exploiting the other person's
2-17 emotional dependency on the clergyman in the clergyman's
2-18 professional character as spiritual adviser; or
2-19 (11) the actor is an attorney licensed to practice law
2-20 in this state who causes the other person, who at or before the
2-21 time the offense was committed was a client of the attorney, to
2-22 submit or participate by exploiting the other person's emotional
2-23 dependency on the attorney's professional character as a legal
2-24 adviser.
2-25 SECTION 2. (a) The change in law made by this Act applies
2-26 only to an offense committed on or after the effective date of this
2-27 Act. For purposes of this section, an offense is committed before
3-1 the effective date of this Act if any element of the offense occurs
3-2 before the effective date.
3-3 (b) An offense committed before the effective date of this
3-4 Act is covered by the law in effect when the offense was committed,
3-5 and the former law is continued in effect for that purpose.
3-6 SECTION 3. This Act takes effect September 1, 2001.