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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, [or] violence, or |
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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 the other person is unconscious or physically unable to |
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resist; |
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(4) the actor knows that as a result of mental disease |
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or defect the other person is at the time of the sexual assault |
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incapable either of appraising the nature of the act or of resisting |
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it; |
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(5) the other person has not consented and the actor |
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knows the other person is unaware that the sexual assault is |
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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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(8) [the actor is a public servant who coerces the
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other person to submit or participate;
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[(9)] the actor is a mental health services provider |
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or a health care services provider who causes the other person, who |
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is a patient or former patient of the actor, to submit or |
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participate by exploiting the other person's emotional dependency |
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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; or |
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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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SECTION 2. 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 3. This Act takes effect September 1, 2017. |