Texas 2023 - 88th Regular

Texas House Bill HB403 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3275 AJZ-D
2	2	By: Collier H.B. No. 403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the criminal offense of sexual
8	8	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 the other person is unconscious or physically unable to
23	23	resist;
24	24	(4) the actor knows that as a result of mental disease
25	25	or defect the other person is at the time of the sexual assault
26	26	incapable either of appraising the nature of the act or of resisting
27	27	it;
28	28	(5) the other person has not consented and the actor
29	29	knows the other person is unaware that the sexual assault is
30	30	occurring;
31	31	(6) the actor has intentionally impaired the other
32	32	person's power to appraise or control the other person's conduct by
33	33	administering any substance without the other person's knowledge;
34	34	(7) the actor compels the other person to submit or
35	35	participate by threatening to use force or violence against any
36	36	person, and the other person believes that the actor has the ability
37	37	to execute the threat;
38	38	(8) the actor is a public servant who coerces the other
39	39	person to submit or participate;
40	40	(9) the actor is a mental health services provider or a
41	41	health care services provider who causes the other person, who is a
42	42	patient or former patient of the actor, to submit or participate by
43	43	exploiting the other person's emotional dependency on the actor;
44	44	(10) the actor is a clergyman who causes the other
45	45	person to submit or participate by exploiting the other person's
46	46	emotional dependency on the clergyman in the clergyman's
47	47	professional character as spiritual adviser;
48	48	(11) the actor is an employee of a facility where the
49	49	other person is a resident, unless the employee and resident are
50	50	formally or informally married to each other under Chapter 2,
51	51	Family Code;
52	52	(12) the actor is a health care services provider who,
53	53	in the course of performing an assisted reproduction procedure on
54	54	the other person, uses human reproductive material from a donor
55	55	knowing that the other person has not expressly consented to the use
56	56	of material from that donor;
57	57	(13) the actor is a coach or tutor who causes the other
58	58	person to submit or participate by using the actor's power or
59	59	influence to exploit the other person's dependency on the actor;
60	60	[or]
61	61	(14) the actor is a caregiver hired to assist the other
62	62	person with activities of daily life and causes the other person to
63	63	submit or participate by exploiting the other person's dependency
64	64	on the actor; or
65	65	(15) the actor is a mental health services provider, a
66	66	health care services provider, or a person who purports to be a
67	67	health care services provider and:
68	68	(A) the actor creates or confirms a false
69	69	impression of law or fact that the actor knows or has reason to
70	70	believe is false; and
71	71	(B) the other person submits or participates on
72	72	the basis of the false impression.
73	73	SECTION 2. Section 22.011(c)(3), Penal Code, is amended to
74	74	read as follows:
75	75	(3) "Health care services provider" means a person who
76	76	is licensed, certified, or otherwise authorized by the laws of this
77	77	state to provide health care services in the ordinary course of
78	78	business or practice of a profession, including:
79	79	(A) a physician licensed under Subtitle B, Title
80	80	3, Occupations Code;
81	81	(B) a chiropractor licensed under Chapter 201,
82	82	Occupations Code;
83	83	(C) a physical therapist licensed under Chapter
84	84	453, Occupations Code;
85	85	(D) a physician assistant licensed under Chapter
86	86	204, Occupations Code; or
87	87	(E) a registered nurse, a vocational nurse, or an
88	88	advanced practice nurse licensed under Chapter 301, Occupations
89	89	Code.
90	90	SECTION 3. The changes in law made by this Act apply only to
91	91	an offense committed on or after the effective date of this Act. An
92	92	offense committed before the effective date of this Act is governed
93	93	by the law in effect when the offense was committed, and the former
94	94	law is continued in effect for that purpose. For purposes of this
95	95	section, an offense was committed before the effective date of this
96	96	Act if any element of the offense occurred before that date.
97	97	SECTION 4. This Act takes effect September 1, 2023.