Texas 2023 - 88th Regular

Texas House Bill HB2696 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10579 MZM-F
2	2	By: Howard, Cook, Leach, Bowers, H.B. No. 2696
3	3	A. Johnson of Harris, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the prosecution of the offense of sexual assault.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.011(b), Penal Code, is amended to
11	11	read as follows:
12	12	(b) A sexual assault under Subsection (a)(1) is without the
13	13	consent of the other person if:
14	14	(1) the actor compels the other person to submit or
15	15	participate by the use of physical force, violence, or 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 or reasonably should know the other person is:
23	23	(A) unconscious; [or]
24	24	(B) physically unable to resist;
25	25	(C) incapable either of appraising the nature of
26	26	the act or of resisting the act; or
27	27	(D) unaware that the sexual assault is occurring;
28	28	(4) the actor knows or reasonably should know that the
29	29	other person has withdrawn consent to the act and the actor persists
30	30	after consent is withdrawn [the actor knows that as a result of
31	31	mental disease or defect the other person is at the time of the
32	32	sexual assault incapable either of appraising the nature of the act
33	33	or of resisting it];
34	34	(5) the actor knows or reasonably should know the
35	35	other person is intoxicated by any substance such that the other
36	36	person is incapable of consenting to the act [the other person has
37	37	not consented and the actor knows the other person is unaware that
38	38	the sexual assault is occurring];
39	39	(6) [the actor has intentionally impaired the other
40	40	person's power to appraise or control the other person's conduct by
41	41	administering any substance without the other person's knowledge;
42	42	[(7)] the actor compels the other person to submit or
43	43	participate by threatening to use force or violence against any
44	44	person, and the other person believes that the actor has the ability
45	45	to execute the threat;
46	46	(7) [(8)] the actor is a public servant who coerces
47	47	the other person to submit or participate;
48	48	(8) [(9)] the actor is a mental health services
49	49	provider or a health care services provider who causes the other
50	50	person, who is a patient or former patient of the actor, to submit
51	51	or participate by exploiting the other person's emotional
52	52	dependency on the actor;
53	53	(9) [(10)] the actor is a clergyman who causes the
54	54	other person to submit or participate by exploiting the other
55	55	person's emotional dependency on the clergyman in the clergyman's
56	56	professional character as spiritual adviser;
57	57	(10) [(11)] the actor is an employee of a facility
58	58	where the other person is a resident, unless the employee and
59	59	resident are formally or informally married to each other under
60	60	Chapter 2, Family Code;
61	61	(11) [(12)] the actor is a health care services
62	62	provider who, in the course of performing an assisted reproduction
63	63	procedure on the other person, uses human reproductive material
64	64	from a donor knowing that the other person has not expressly
65	65	consented to the use of material from that donor;
66	66	(12) [(13)] the actor is a coach or tutor who causes
67	67	the other person to submit or participate by using the actor's power
68	68	or influence to exploit the other person's dependency on the actor;
69	69	or
70	70	(13) [(14)] the actor is a caregiver hired to assist
71	71	the other person with activities of daily life and causes the other
72	72	person to submit or participate by exploiting the other person's
73	73	dependency on the actor.
74	74	SECTION 2. Section 22.011(c), Penal Code, is amended by
75	75	adding Subdivision (1-a) to read as follows:
76	76	(1-a) "Consent" has the meaning assigned by Section
77	77	1.07.
78	78	SECTION 3. Section 154.051(d-1), Occupations Code, is
79	79	amended to read as follows:
80	80	(d-1) The board may not consider or act on a complaint
81	81	involving an alleged violation of Section 22.011(b)(11)
82	82	[22.011(b)(12)], Penal Code, that occurred more than seven years
83	83	before the date on which the complaint is received by the board or
84	84	more than 2 years from the date the complainant knew or should have
85	85	known of the facts giving rise to the complaint, whichever is later.
86	86	SECTION 4. The change in law made by this Act applies only
87	87	to an offense committed on or after the effective date of this Act.
88	88	An offense committed before the effective date of this Act is
89	89	governed by the law in effect on the date the offense was committed,
90	90	and the former law is continued in effect for that purpose. For
91	91	purposes of this section, an offense was committed before the
92	92	effective date of this Act if any element of the offense occurred
93	93	before that date.
94	94	SECTION 5. This Act takes effect September 1, 2023.