Texas 2017 - 85th Regular

Texas Senate Bill SB340 Compare Versions

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

Old	New	Differences
1	1	85R1514 KJE-F
2	2	By: Perry S.B. No. 340
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offense of sexual assault.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 22.011(b), Penal Code, is amended to
10	10	read as follows:
11	11	(b) A sexual assault under Subsection (a)(1) is without the
12	12	consent of the other person if:
13	13	(1) the actor compels the other person to submit or
14	14	participate by the use of physical force, [or] violence, or
15	15	coercion;
16	16	(2) the actor compels the other person to submit or
17	17	participate by threatening to use force or violence against the
18	18	other person or to cause harm to the other person, and the other
19	19	person believes that the actor has the present ability to execute
20	20	the threat;
21	21	(3) the other person has not consented and the actor
22	22	knows the other person is unconscious or physically unable to
23	23	resist;
24	24	(4) the actor knows that as a result of mental disease
25	25	or defect the other person is at the time of the sexual assault
26	26	incapable either of appraising the nature of the act or of resisting
27	27	it;
28	28	(5) the other person has not consented and the actor
29	29	knows the other person is unaware that the sexual assault is
30	30	occurring;
31	31	(6) the actor has intentionally impaired the other
32	32	person's power to appraise or control the other person's conduct by
33	33	administering any substance without the other person's knowledge;
34	34	(7) the actor compels the other person to submit or
35	35	participate by threatening to use force or violence against any
36	36	person, and the other person believes that the actor has the ability
37	37	to execute the threat;
38	38	(8) [the actor is a public servant who coerces the
39	39	other person to submit or participate;
40	40	[(9)] the actor is a mental health services provider
41	41	or a health care services provider who causes the other person, who
42	42	is a patient or former patient of the actor, to submit or
43	43	participate by exploiting the other person's emotional dependency
44	44	on the actor;
45	45	(9) [(10)] the actor is a clergyman who causes the
46	46	other person to submit or participate by exploiting the other
47	47	person's emotional dependency on the clergyman in the clergyman's
48	48	professional character as spiritual adviser; or
49	49	(10) [(11)] the actor is an employee of a facility
50	50	where the other person is a resident, unless the employee and
51	51	resident are formally or informally married to each other under
52	52	Chapter 2, Family Code.
53	53	SECTION 2. The change in law made by this Act applies only
54	54	to an offense committed on or after the effective date of this Act.
55	55	An offense committed before the effective date of this Act is
56	56	governed by the law in effect on the date the offense was committed,
57	57	and the former law is continued in effect for that purpose. For
58	58	purposes of this section, an offense was committed before the
59	59	effective date of this Act if any element of the offense occurred
60	60	before that date.
61	61	SECTION 3. This Act takes effect September 1, 2017.