Texas 2021 - 87th Regular

Texas Senate Bill SB1164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1164
	1	+	87R25411 EAS-D
	2	+	By: Campbell S.B. No. 1164
	3	+	(Collier)
	4	+	Substitute the following for S.B. No. 1164: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the prosecution of the offense of sexual assault.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Section 22.011(b), Penal Code, is amended to
8	12		read as follows:
9	13		(b) A sexual assault under Subsection (a)(1) is without the
10	14		consent of the other person if:
11	15		(1) the actor compels the other person to submit or
12	16		participate by the use of physical force, violence, or coercion;
13	17		(2) the actor compels the other person to submit or
14	18		participate by threatening to use force or violence against the
15	19		other person or to cause harm to the other person, and the other
16	20		person believes that the actor has the present ability to execute
17	21		the threat;
18	22		(3) the other person has not consented and the actor
19	23		knows the other person is unconscious or physically unable to
20	24		resist;
21	25		(4) the actor knows that as a result of mental disease
22	26		or defect the other person is at the time of the sexual assault
23	27		incapable either of appraising the nature of the act or of resisting
24	28		it;
25	29		(5) the other person has not consented and the actor
26	30		knows the other person is unaware that the sexual assault is
27	31		occurring;
28	32		(6) the actor has intentionally impaired the other
29	33		person's power to appraise or control the other person's conduct by
30	34		administering any substance without the other person's knowledge;
31	35		(7) the actor compels the other person to submit or
32	36		participate by threatening to use force or violence against any
33	37		person, and the other person believes that the actor has the ability
34	38		to execute the threat;
35	39		(8) the actor is a public servant who coerces the other
36	40		person to submit or participate;
37	41		(9) the actor is a mental health services provider or a
38	42		health care services provider who causes the other person, who is a
39	43		patient or former patient of the actor, to submit or participate by
40	44		exploiting the other person's emotional dependency on the actor;
41	45		(10) the actor is a clergyman who causes the other
42	46		person to submit or participate by exploiting the other person's
43	47		emotional dependency on the clergyman in the clergyman's
44	48		professional character as spiritual adviser;
45	49		(11) the actor is an employee of a facility where the
46	50		other person is a resident, unless the employee and resident are
47	51		formally or informally married to each other under Chapter 2,
48	52		Family Code; [or]
49	53		(12) the actor is a health care services provider who,
50	54		in the course of performing an assisted reproduction procedure on
51	55		the other person, uses human reproductive material from a donor
52	56		knowing that the other person has not expressly consented to the use
53	57		of material from that donor;
54		-	(13) the actor is a coach or tutor who causes the other
	58	+	(13) the actor knows the other person is intoxicated
	59	+	by any substance such that the other person is incapable of
	60	+	appraising the nature of the act;
	61	+	(14) the actor knows that the other person has
	62	+	withdrawn consent to the act and the actor persists in the act after
	63	+	consent is withdrawn;
	64	+	(15) the actor is a coach or tutor who causes the other
55	65		person to submit or participate by using the actor's power or
56	66		influence to exploit the other person's dependency on the actor; or
57		-	(14) the actor is a caregiver hired to assist the other
	67	+	(16) the actor is a caregiver hired to assist the other
58	68		person with activities of daily life and causes the other person to
59	69		submit or participate by exploiting the other person's dependency
60	70		on the actor.
61	71		SECTION 2. The change in law made by this Act applies only
62	72		to an offense committed on or after the effective date of this Act.
63	73		An offense committed before the effective date of this Act is
64	74		governed by the law in effect on the date the offense was committed,
65	75		and the former law is continued in effect for that purpose. For
66	76		purposes of this section, an offense was committed before the
67	77		effective date of this Act if any element of the offense occurred
68	78		before that date.
69	79		SECTION 3. This Act takes effect September 1, 2021.
70		-	______________________________ ______________________________
71		-	President of the Senate Speaker of the House
72		-	I hereby certify that S.B. No. 1164 passed the Senate on
73		-	April 19, 2021, by the following vote: Yeas 31, Nays 0;
74		-	May 27, 2021, Senate refused to concur in House amendments and
75		-	requested appointment of Conference Committee; May 28, 2021, House
76		-	granted request of the Senate; May 29, 2021, Senate adopted
77		-	Conference Committee Report by the following vote: Yeas 31,
78		-	Nays 0.
79		-	______________________________
80		-	Secretary of the Senate
81		-	I hereby certify that S.B. No. 1164 passed the House, with
82		-	amendments, on May 24, 2021, by the following vote: Yeas 146,
83		-	Nays 0, one present not voting; May 28, 2021, House granted request
84		-	of the Senate for appointment of Conference Committee;
85		-	May 30, 2021, House adopted Conference Committee Report by the
86		-	following vote: Yeas 137, Nays 0, two present not voting.
87		-	______________________________
88		-	Chief Clerk of the House
89		-	Approved:
90		-	______________________________
91		-	Date
92		-	______________________________
93		-	Governor