| 1 | 1 | | 86R11850 AJZ-D |
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| 2 | 2 | | By: Klick H.B. No. 3705 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the offense of sexual assault. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 22.011(b) and (f), Penal Code, are |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) A sexual assault under Subsection (a)(1) is without the |
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| 12 | 12 | | consent of the other person if: |
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| 13 | 13 | | (1) the actor compels the other person to submit or |
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| 14 | 14 | | participate by the use of physical force, violence, or coercion; |
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| 15 | 15 | | (2) the actor compels the other person to submit or |
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| 16 | 16 | | participate by threatening to use force or violence against the |
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| 17 | 17 | | other person or to cause harm to the other person, and the other |
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| 18 | 18 | | person believes that the actor has the present ability to execute |
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| 19 | 19 | | the threat; |
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| 20 | 20 | | (3) the other person has not consented and the actor |
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| 21 | 21 | | knows the other person is unconscious or physically unable to |
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| 22 | 22 | | resist; |
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| 23 | 23 | | (4) the actor knows that as a result of mental disease |
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| 24 | 24 | | or defect the other person is at the time of the sexual assault |
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| 25 | 25 | | incapable either of appraising the nature of the act or of resisting |
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| 26 | 26 | | it; |
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| 27 | 27 | | (5) the other person has not consented and the actor |
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| 28 | 28 | | knows the other person is unaware that the sexual assault is |
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| 29 | 29 | | occurring; |
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| 30 | 30 | | (6) the actor has intentionally impaired the other |
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| 31 | 31 | | person's power to appraise or control the other person's conduct by |
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| 32 | 32 | | administering any substance without the other person's knowledge; |
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| 33 | 33 | | (7) the actor compels the other person to submit or |
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| 34 | 34 | | participate by threatening to use force or violence against any |
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| 35 | 35 | | person, and the other person believes that the actor has the ability |
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| 36 | 36 | | to execute the threat; |
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| 37 | 37 | | (8) the actor is a public servant who coerces the other |
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| 38 | 38 | | person to submit or participate; |
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| 39 | 39 | | (9) the actor is a mental health services provider or a |
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| 40 | 40 | | health care services provider who causes the other person, who is a |
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| 41 | 41 | | patient or former patient of the actor, to submit or participate by |
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| 42 | 42 | | exploiting the other person's emotional dependency on the actor; |
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| 43 | 43 | | (10) the actor is a clergyman who causes the other |
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| 44 | 44 | | person to submit or participate by exploiting the other person's |
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| 45 | 45 | | emotional dependency on the clergyman in the clergyman's |
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| 46 | 46 | | professional character as spiritual adviser; [or] |
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| 47 | 47 | | (11) the actor is an employee of a facility where the |
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| 48 | 48 | | other person is a resident, unless the employee and resident are |
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| 49 | 49 | | formally or informally married to each other under Chapter 2, |
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| 50 | 50 | | Family Code; or |
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| 51 | 51 | | (12) the actor is a health care services provider who, |
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| 52 | 52 | | in the course of performing an assisted reproduction procedure on |
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| 53 | 53 | | the other person, uses human reproductive material from a donor |
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| 54 | 54 | | knowing that the other person has not expressly consented to the use |
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| 55 | 55 | | of material from that donor. |
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| 56 | 56 | | (f) An offense under this section is a felony of the second |
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| 57 | 57 | | degree, except that an offense under this section is: |
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| 58 | 58 | | (1) a felony of the first degree if the victim was a |
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| 59 | 59 | | person whom the actor was prohibited from marrying or purporting to |
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| 60 | 60 | | marry or with whom the actor was prohibited from living under the |
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| 61 | 61 | | appearance of being married under Section 25.01; or |
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| 62 | 62 | | (2) a state jail felony if the offense is committed |
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| 63 | 63 | | under Subsection (a)(1) and the actor has not received express |
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| 64 | 64 | | consent as described by Subsection (b)(12). |
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| 65 | 65 | | SECTION 2. Section 22.011(c), Penal Code, is amended by |
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| 66 | 66 | | adding Subdivisions (6) and (7) to read as follows: |
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| 67 | 67 | | (6) "Assisted reproduction" and "donor" have the |
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| 68 | 68 | | meanings assigned by Section 160.102, Family Code. |
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| 69 | 69 | | (7) "Human reproductive material" means: |
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| 70 | 70 | | (A) a human spermatozoon or ovum; or |
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| 71 | 71 | | (B) a human organism at any stage of development |
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| 72 | 72 | | from fertilized ovum to embryo. |
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| 73 | 73 | | SECTION 3. The changes in law made by this Act apply only to |
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| 74 | 74 | | an offense committed on or after the effective date of this Act. An |
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| 75 | 75 | | offense committed before the effective date of this Act is governed |
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| 76 | 76 | | by the law in effect when the offense was committed, and the former |
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| 77 | 77 | | law is continued in effect for that purpose. For purposes of this |
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| 78 | 78 | | section, an offense was committed before the effective date of this |
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| 79 | 79 | | Act if any element of the offense occurred before that date. |
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| 80 | 80 | | SECTION 4. This Act takes effect September 1, 2019. |
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