| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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; |
|
|
(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; |
|
|
(13) the actor is a coach or tutor who causes the other |
|
|
person to submit or participate by using the actor's power or |
|
|
influence to exploit the other person's dependency on the actor; |
|
|
[or] |
|
|
(14) the actor is a caregiver hired to assist the other |
|
|
person with activities of daily life and causes the other person to |
|
|
submit or participate by exploiting the other person's dependency |
|
|
on the actor; or |
|
|
(15) 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, 2023. |