Texas 2023 - 88th Regular

Texas Senate Bill SB2169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10579 MZM-F
2	2	By: Alvarado S.B. No. 2169
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 or reasonably should know the other person is:
22	22	(A) unconscious; [or]
23	23	(B) physically unable to resist;
24	24	(C) incapable either of appraising the nature of
25	25	the act or of resisting the act; or
26	26	(D) unaware that the sexual assault is occurring;
27	27	(4) the actor knows or reasonably should know that the
28	28	other person has withdrawn consent to the act and the actor persists
29	29	after consent is withdrawn [the actor knows that as a result of
30	30	mental disease or defect the other person is at the time of the
31	31	sexual assault incapable either of appraising the nature of the act
32	32	or of resisting it];
33	33	(5) the actor knows or reasonably should know the
34	34	other person is intoxicated by any substance such that the other
35	35	person is incapable of consenting to the act [the other person has
36	36	not consented and the actor knows the other person is unaware that
37	37	the sexual assault is occurring];
38	38	(6) [the actor has intentionally impaired the other
39	39	person's power to appraise or control the other person's conduct by
40	40	administering any substance without the other person's knowledge;
41	41	[(7)] the actor compels the other person to submit or
42	42	participate by threatening to use force or violence against any
43	43	person, and the other person believes that the actor has the ability
44	44	to execute the threat;
45	45	(7) [(8)] the actor is a public servant who coerces
46	46	the other person to submit or participate;
47	47	(8) [(9)] the actor is a mental health services
48	48	provider or a health care services provider who causes the other
49	49	person, who is a patient or former patient of the actor, to submit
50	50	or participate by exploiting the other person's emotional
51	51	dependency on the actor;
52	52	(9) [(10)] the actor is a clergyman who causes the
53	53	other person to submit or participate by exploiting the other
54	54	person's emotional dependency on the clergyman in the clergyman's
55	55	professional character as spiritual adviser;
56	56	(10) [(11)] the actor is an employee of a facility
57	57	where the other person is a resident, unless the employee and
58	58	resident are formally or informally married to each other under
59	59	Chapter 2, Family Code;
60	60	(11) [(12)] the actor is a health care services
61	61	provider who, in the course of performing an assisted reproduction
62	62	procedure on the other person, uses human reproductive material
63	63	from a donor knowing that the other person has not expressly
64	64	consented to the use of material from that donor;
65	65	(12) [(13)] the actor is a coach or tutor who causes
66	66	the other person to submit or participate by using the actor's power
67	67	or influence to exploit the other person's dependency on the actor;
68	68	or
69	69	(13) [(14)] the actor is a caregiver hired to assist
70	70	the other person with activities of daily life and causes the other
71	71	person to submit or participate by exploiting the other person's
72	72	dependency on the actor.
73	73	SECTION 2. Section 22.011(c), Penal Code, is amended by
74	74	adding Subdivision (1-a) to read as follows:
75	75	(1-a) "Consent" has the meaning assigned by Section
76	76	1.07.
77	77	SECTION 3. Section 154.051(d-1), Occupations Code, is
78	78	amended to read as follows:
79	79	(d-1) The board may not consider or act on a complaint
80	80	involving an alleged violation of Section 22.011(b)(11)
81	81	[22.011(b)(12)], Penal Code, that occurred more than seven years
82	82	before the date on which the complaint is received by the board or
83	83	more than 2 years from the date the complainant knew or should have
84	84	known of the facts giving rise to the complaint, whichever is later.
85	85	SECTION 4. The change in law made by this Act applies only
86	86	to an offense committed on or after the effective date of this Act.
87	87	An offense committed before the effective date of this Act is
88	88	governed by the law in effect on the date the offense was committed,
89	89	and the former law is continued in effect for that purpose. For
90	90	purposes of this section, an offense was committed before the
91	91	effective date of this Act if any element of the offense occurred
92	92	before that date.
93	93	SECTION 5. This Act takes effect September 1, 2023.