Texas 2017 - 85th Regular

Texas House Bill HB3978 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6686 KJE-F
2	2	By: Moody H.B. No. 3978
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offenses of sexual assault and
8	8	aggravated sexual assault.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.011, Penal Code, is amended by
11	11	amending Subsection (b) and adding Subsection (e-1) to read as
12	12	follows:
13	13	(b) A sexual assault under Subsection (a)(1) is without the
14	14	consent of the other person if:
15	15	(1) the actor compels the other person to submit or
16	16	participate by the use of physical force or violence;
17	17	(2) the actor compels the other person to submit or
18	18	participate by threatening to use force or violence against the
19	19	other person, and the other person believes that the actor has the
20	20	present ability to execute the threat;
21	21	(3) the other person has not consented and the actor
22	22	knows the other person is:
23	23	(A) unconscious;
24	24	(B) [or] physically unable to resist;
25	25	(C) incapable of appraising the nature of the
26	26	act; or
27	27	(D) unaware that the sexual assault is occurring;
28	28	(4) the actor knows that as a result of mental disease
29	29	or defect the other person is at the time of the sexual assault
30	30	incapable either of appraising the nature of the act or of resisting
31	31	it;
32	32	(5) [the other person has not consented and the actor
33	33	knows the other person is unaware that the sexual assault is
34	34	occurring;
35	35	[(6) the actor has intentionally impaired the other
36	36	person's power to appraise or control the other person's conduct by
37	37	administering any substance without the other person's knowledge;
38	38	[(7)] the actor compels the other person to submit or
39	39	participate by threatening to use force or violence against any
40	40	person, and the other person believes that the actor has the ability
41	41	to execute the threat;
42	42	(6) [(8)] the actor is a public servant who coerces
43	43	the other person to submit or participate;
44	44	(7) [(9)] the actor is a mental health services
45	45	provider or a health care services provider who causes the other
46	46	person, who is a patient or former patient of the actor, to submit
47	47	or participate by exploiting the other person's emotional
48	48	dependency on the actor;
49	49	(8) [(10)] the actor is a clergyman who causes the
50	50	other person to submit or participate by exploiting the other
51	51	person's emotional dependency on the clergyman in the clergyman's
52	52	professional character as spiritual adviser; [or]
53	53	(9) [(11)] the actor is an employee of a facility
54	54	where the other person is a resident, unless the employee and
55	55	resident are formally or informally married to each other under
56	56	Chapter 2, Family Code; or
57	57	(10) the actor knows that the other person has
58	58	withdrawn consent to the act and the actor persists in the act after
59	59	consent is withdrawn.
60	60	(e-1) It is not a defense to prosecution under this section
61	61	that the actor mistakenly believed that the other person consented
62	62	to the conduct if a reasonable person should have known or
63	63	understood that the other person did not consent to the conduct.
64	64	SECTION 2. Section 22.011(c), Penal Code, is amended by
65	65	adding Subdivision (6) to read as follows:
66	66	(6) Notwithstanding Section 1.07, "consent" means
67	67	express consent demonstrated through words or actions indicating an
68	68	active and voluntary agreement to participate in an act.
69	69	SECTION 3. Section 22.021, Penal Code, is amended by
70	70	amending Subsection (a) and adding Subsection (d-1) to read as
71	71	follows:
72	72	(a) A person commits an offense:
73	73	(1) if the person:
74	74	(A) intentionally or knowingly:
75	75	(i) causes the penetration of the anus or
76	76	sexual organ of another person by any means, without that person's
77	77	consent;
78	78	(ii) causes the penetration of the mouth of
79	79	another person by the sexual organ of the actor, without that
80	80	person's consent; or
81	81	(iii) causes the sexual organ of another
82	82	person, without that person's consent, to contact or penetrate the
83	83	mouth, anus, or sexual organ of another person, including the
84	84	actor; or
85	85	(B) intentionally or knowingly:
86	86	(i) causes the penetration of the anus or
87	87	sexual organ of a child by any means;
88	88	(ii) causes the penetration of the mouth of
89	89	a child by the sexual organ of the actor;
90	90	(iii) causes the sexual organ of a child to
91	91	contact or penetrate the mouth, anus, or sexual organ of another
92	92	person, including the actor;
93	93	(iv) causes the anus of a child to contact
94	94	the mouth, anus, or sexual organ of another person, including the
95	95	actor; or
96	96	(v) causes the mouth of a child to contact
97	97	the anus or sexual organ of another person, including the actor; and
98	98	(2) if:
99	99	(A) the person:
100	100	(i) causes serious bodily injury or
101	101	attempts to cause the death of the victim or another person in the
102	102	course of the same criminal episode;
103	103	(ii) by acts or words places the victim in
104	104	fear that any person will become the victim of an offense under
105	105	Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
106	106	bodily injury, or kidnapping will be imminently inflicted on any
107	107	person;
108	108	(iii) by acts or words occurring in the
109	109	presence of the victim threatens to cause any person to become the
110	110	victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
111	111	to cause the death, serious bodily injury, or kidnapping of any
112	112	person;
113	113	(iv) uses or exhibits a deadly weapon in the
114	114	course of the same criminal episode;
115	115	(v) acts in concert with another who
116	116	engages in conduct described by Subdivision (1) directed toward the
117	117	same victim and occurring during the course of the same criminal
118	118	episode; or
119	119	(vi) with the intent of facilitating the
120	120	commission of the offense, administers or provides [flunitrazepam,
121	121	otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to
122	122	the victim of the offense any substance capable of impairing the
123	123	victim's ability to appraise the nature of the act or to resist the
124	124	act [with the intent of facilitating the commission of the
125	125	offense];
126	126	(B) the victim is younger than 14 years of age; or
127	127	(C) the victim is an elderly individual or a
128	128	disabled individual.
129	129	(d-1) It is not a defense to prosecution under this section
130	130	that the actor mistakenly believed that the other person consented
131	131	to the conduct if a reasonable person should have known or
132	132	understood that the other person did not consent to the conduct.
133	133	SECTION 4. Section 22.021(b), Penal Code, is amended by
134	134	adding Subdivision (4) to read as follows:
135	135	(4) Notwithstanding Section 1.07, "consent" has the
136	136	meaning assigned by Section 22.011.
137	137	SECTION 5. The change in law made by this Act applies only
138	138	to an offense committed on or after the effective date of this Act.
139	139	An offense committed before the effective date of this Act is
140	140	governed by the law in effect on the date the offense was committed,
141	141	and the former law is continued in effect for that purpose. For
142	142	purposes of this section, an offense was committed before the
143	143	effective date of this Act if any element of the offense occurred
144	144	before that date.
145	145	SECTION 6. This Act takes effect September 1, 2017.