SB1432 - Relating to the prosecution of the offense of sexual assault.

  89R9518 MZM-D     By: Paxton S.B. No. 1432       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the 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 , incapable of appraising the nature of the act or of   resisting it, or unaware that the sexual assault is occurring ;                (4)   the actor knows or reasonably should know that the   other person cannot consent because of intoxication or impairment   by any substance  [ 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of appraising the nature of the act or of resisting   it ];                (5)   the actor knows the other person has withdrawn   consent to the act and the actor persists in the act  [ the other   person has not consented and the actor knows the other person is   unaware that the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;                 (7)  [ (8) ]  the actor is a public servant who coerces   the other person to submit or participate;                 (8)  [ (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;                 (9)  [ (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;                 (10)  [ (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;                 (11)  [ (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;                 (12)  [ (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                 (13)  [ (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.          SECTION 2.  Section 22.011(c), Penal Code, is amended by   adding Subdivision (1-a) to read as follows:                 (1-a) "Consent" has the meaning assigned by Section   1.07.          SECTION 3.  Section 154.051(d-1), Occupations Code, is   amended to read as follows:          (d-1)  The board may not consider or act on a complaint   involving an alleged violation of Section 22.011(b)(11)   [ 22.011(b)(12) ], Penal Code, that occurred more than seven years   before the date on which the complaint is received by the board or   more than 2 years from the date the complainant knew or should have   known of the facts giving rise to the complaint, whichever is later.          SECTION 4.  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 on the date 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 5.  This Act takes effect September 1, 2025.