Texas 2019 - 86th Regular

Texas Senate Bill SB584 Compare Versions

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

Old	New	Differences
1	1	86R5545 KJE-F
2	2	By: Watson S.B. No. 584
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, violence, or coercion;
15	15	(2) the actor compels the other person to submit or
16	16	participate by threatening to use force or violence against the
17	17	other person or to cause harm to the other person, and the other
18	18	person believes that the actor has the present ability to execute
19	19	the threat;
20	20	(3) the other person has not consented and the actor
21	21	knows the other person is unconscious or physically unable to
22	22	resist;
23	23	(4) the actor knows that as a result of mental disease
24	24	or defect the other person is at the time of the sexual assault
25	25	incapable either of appraising the nature of the act or of resisting
26	26	it;
27	27	(5) the other person has not consented and the actor
28	28	knows the other person is unaware that the sexual assault is
29	29	occurring;
30	30	(6) the actor has intentionally impaired the other
31	31	person's power to appraise or control the other person's conduct by
32	32	administering any substance without the other person's knowledge;
33	33	(7) the actor compels the other person to submit or
34	34	participate by threatening to use force or violence against any
35	35	person, and the other person believes that the actor has the ability
36	36	to execute the threat;
37	37	(8) the actor is a public servant who coerces the other
38	38	person to submit or participate;
39	39	(9) the actor is a mental health services provider or a
40	40	health care services provider who causes the other person, who is a
41	41	patient or former patient of the actor, to submit or participate by
42	42	exploiting the other person's emotional dependency on the actor;
43	43	(10) the actor is a clergyman who causes the other
44	44	person to submit or participate by exploiting the other person's
45	45	emotional dependency on the clergyman in the clergyman's
46	46	professional character as spiritual adviser; [or]
47	47	(11) the actor is an employee of a facility where the
48	48	other person is a resident, unless the employee and resident are
49	49	formally or informally married to each other under Chapter 2,
50	50	Family Code;
51	51	(12) the actor knows the other person is intoxicated
52	52	by any substance such that the other person is incapable of
53	53	appraising the nature of the act;
54	54	(13) the actor knows that the other person has
55	55	withdrawn consent to the act and the actor persists in the act after
56	56	consent is withdrawn; or
57	57	(14) the actor is a caregiver hired to assist the other
58	58	person with activities of daily life and causes the other person to
59	59	submit or participate by exploiting the other person's dependency
60	60	on the actor.
61	61	SECTION 2. The change in law made by this Act applies only
62	62	to an offense committed on or after the effective date of this Act.
63	63	An offense committed before the effective date of this Act is
64	64	governed by the law in effect on the date the offense was committed,
65	65	and the former law is continued in effect for that purpose. For
66	66	purposes of this section, an offense was committed before the
67	67	effective date of this Act if any element of the offense occurred
68	68	before that date.
69	69	SECTION 3. This Act takes effect September 1, 2019.