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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 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 other |
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person to submit or participate; |
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(9) the actor is a mental health services provider or a |
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health care services provider who causes the other person, who is a |
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patient or former patient of the actor, to submit or participate by |
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exploiting the other person's emotional dependency on the actor; |
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(10) the actor is a clergyman who causes the other |
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person to submit or participate by exploiting the other person's |
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emotional dependency on the clergyman in the clergyman's |
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professional character as spiritual adviser; |
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(11) the actor is an employee of a facility where the |
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other person is a resident, unless the employee and resident are |
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formally or informally married to each other under Chapter 2, |
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Family Code; |
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(12) the actor is a health care services provider who, |
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in the course of performing an assisted reproduction procedure on |
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the other person, uses human reproductive material from a donor |
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knowing that the other person has not expressly consented to the use |
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of material from that donor; |
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(13) the actor is a coach or tutor who causes the other |
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person to submit or participate by using the actor's power or |
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influence to exploit the other person's dependency on the actor; |
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[or] |
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(14) the actor is a caregiver hired to assist the other |
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person with activities of daily life and causes the other person to |
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submit or participate by exploiting the other person's dependency |
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on the actor; or |
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(15) the actor is a mental health services provider, a |
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health care services provider, or a person purporting to be a health |
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care services provider who, during the course of providing actual |
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or purported mental health services or health care services to the |
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other person, causes the other person to submit or participate by |
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creating or confirming a false impression of law or fact. |
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SECTION 2. Section 22.011(c)(3), Penal Code, is amended to |
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read as follows: |
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(3) "Health care services provider" means a person who |
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is licensed, certified, or otherwise authorized by the laws of this |
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state to provide health care services in the ordinary course of |
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business or practice of a profession, including: |
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(A) a physician licensed under Subtitle B, Title |
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3, Occupations Code; |
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(B) a chiropractor licensed under Chapter 201, |
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Occupations Code; |
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(C) a physical therapist licensed under Chapter |
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453, Occupations Code; |
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(D) a physician assistant licensed under Chapter |
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204, Occupations Code; or |
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(E) a registered nurse, a vocational nurse, or an |
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advanced practice nurse licensed under Chapter 301, Occupations |
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Code. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |