| 5 | 2 | | |
|---|
| 6 | 3 | | |
|---|
| 7 | 4 | | A BILL TO BE ENTITLED |
|---|
| 8 | 5 | | AN ACT |
|---|
| 9 | 6 | | relating to the prosecution of the criminal offense of sexual |
|---|
| 10 | 7 | | assault. |
|---|
| 11 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 9 | | SECTION 1. Section 22.011(b), Penal Code, is amended to |
|---|
| 13 | 10 | | read as follows: |
|---|
| 14 | 11 | | (b) A sexual assault under Subsection (a)(1) is without the |
|---|
| 15 | 12 | | consent of the other person if: |
|---|
| 16 | 13 | | (1) the actor compels the other person to submit or |
|---|
| 17 | 14 | | participate by the use of physical force, violence, or coercion; |
|---|
| 18 | 15 | | (2) the actor compels the other person to submit or |
|---|
| 19 | 16 | | participate by threatening to use force or violence against the |
|---|
| 20 | 17 | | other person or to cause harm to the other person, and the other |
|---|
| 21 | 18 | | person believes that the actor has the present ability to execute |
|---|
| 22 | 19 | | the threat; |
|---|
| 23 | 20 | | (3) the other person has not consented and the actor |
|---|
| 24 | 21 | | knows the other person is unconscious or physically unable to |
|---|
| 25 | 22 | | resist; |
|---|
| 26 | 23 | | (4) the actor knows that as a result of mental disease |
|---|
| 27 | 24 | | or defect the other person is at the time of the sexual assault |
|---|
| 28 | 25 | | incapable either of appraising the nature of the act or of resisting |
|---|
| 29 | 26 | | it; |
|---|
| 30 | 27 | | (5) the other person has not consented and the actor |
|---|
| 31 | 28 | | knows the other person is unaware that the sexual assault is |
|---|
| 32 | 29 | | occurring; |
|---|
| 33 | 30 | | (6) the actor has intentionally impaired the other |
|---|
| 34 | 31 | | person's power to appraise or control the other person's conduct by |
|---|
| 35 | 32 | | administering any substance without the other person's knowledge; |
|---|
| 36 | 33 | | (7) the actor compels the other person to submit or |
|---|
| 37 | 34 | | participate by threatening to use force or violence against any |
|---|
| 38 | 35 | | person, and the other person believes that the actor has the ability |
|---|
| 39 | 36 | | to execute the threat; |
|---|
| 40 | 37 | | (8) the actor is a public servant who coerces the other |
|---|
| 41 | 38 | | person to submit or participate; |
|---|
| 42 | 39 | | (9) the actor is a mental health services provider or a |
|---|
| 43 | 40 | | health care services provider who causes the other person, who is a |
|---|
| 44 | 41 | | patient or former patient of the actor, to submit or participate by |
|---|
| 45 | 42 | | exploiting the other person's emotional dependency on the actor; |
|---|
| 46 | 43 | | (10) the actor is a clergyman who causes the other |
|---|
| 47 | 44 | | person to submit or participate by exploiting the other person's |
|---|
| 48 | 45 | | emotional dependency on the clergyman in the clergyman's |
|---|
| 49 | 46 | | professional character as spiritual adviser; |
|---|
| 50 | 47 | | (11) the actor is an employee of a facility where the |
|---|
| 51 | 48 | | other person is a resident, unless the employee and resident are |
|---|
| 52 | 49 | | formally or informally married to each other under Chapter 2, |
|---|
| 53 | 50 | | Family Code; [or] |
|---|
| 54 | 51 | | (12) the actor is a health care services provider who, |
|---|
| 55 | 52 | | in the course of performing an assisted reproduction procedure on |
|---|
| 56 | 53 | | the other person, uses human reproductive material from a donor |
|---|
| 57 | 54 | | knowing that the other person has not expressly consented to the use |
|---|
| 58 | 55 | | of material from that donor; or |
|---|
| 63 | | - | adding Subdivision (8) to read as follows: |
|---|
| 64 | | - | (8) "Law enforcement officer" means a peace officer, |
|---|
| 65 | | - | reserve law enforcement officer, county jailer, school marshal, or |
|---|
| 66 | | - | public security officer, as each of those terms is defined by |
|---|
| 67 | | - | Section 1701.001, Occupations Code, who is licensed under Chapter |
|---|
| 68 | | - | 1701 of that code. |
|---|
| 69 | | - | SECTION 3. The change in law made by this Act applies only |
|---|
| 70 | | - | to an offense committed on or after the effective date of this Act. |
|---|
| 71 | | - | An offense committed before the effective date of this Act is |
|---|
| 72 | | - | governed by the law in effect when the offense was committed, and |
|---|
| 73 | | - | the former law is continued in effect for that purpose. For |
|---|
| 74 | | - | purposes of this section, an offense was committed before the |
|---|
| 75 | | - | effective date of this Act if any element of the offense occurred |
|---|
| 76 | | - | before that date. |
|---|
| 59 | + | adding (8) to read as follows: |
|---|
| 60 | + | (8) "Law enforcement officers" means any occupation |
|---|
| 61 | + | defined under Chapter 1701, Occupation Code. |
|---|
| 62 | + | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 63 | + | an offense committed on or after the effective date of this Act. An |
|---|
| 64 | + | offense committed before the effective date of this Act is governed |
|---|
| 65 | + | by the law in effect when the offense was committed, and the former |
|---|
| 66 | + | law is continued in effect for that purpose. For purposes of this |
|---|
| 67 | + | section, an offense was committed before the effective date of this |
|---|
| 68 | + | Act if any element of the offense occurred before that date. |
|---|