Texas 2025 - 89th Regular

Texas Senate Bill SB1432 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9518 MZM-D
2	2	By: Paxton S.B. No. 1432
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of the offense of sexual assault.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 22.011(b), Penal Code, is amended to
12	12	read as follows:
13	13	(b) A sexual assault under Subsection (a)(1) is without the
14	14	consent of the other person if:
15	15	(1) the actor compels the other person to submit or
16	16	participate by the use of physical force, violence, or coercion;
17	17	(2) the actor compels the other person to submit or
18	18	participate by threatening to use force or violence against the
19	19	other person or to cause harm to the other person, and the other
20	20	person believes that the actor has the present ability to execute
21	21	the threat;
22	22	(3) [the other person has not consented and] the actor
23	23	knows the other person is unconscious, [or] physically unable to
24	24	resist, incapable of appraising the nature of the act or of
25	25	resisting it, or unaware that the sexual assault is occurring;
26	26	(4) the actor knows or reasonably should know that the
27	27	other person cannot consent because of intoxication or impairment
28	28	by any substance [the actor knows that as a result of mental disease
29	29	or defect the other person is at the time of the sexual assault
30	30	incapable either of appraising the nature of the act or of resisting
31	31	it];
32	32	(5) the actor knows the other person has withdrawn
33	33	consent to the act and the actor persists in the act [the other
34	34	person has not consented and the actor knows the other person is
35	35	unaware that the sexual assault is occurring];
36	36	(6) [the actor has intentionally impaired the other
37	37	person's power to appraise or control the other person's conduct by
38	38	administering any substance without the other person's knowledge;
39	39	[(7)] the actor compels the other person to submit or
40	40	participate by threatening to use force or violence against any
41	41	person, and the other person believes that the actor has the ability
42	42	to execute the threat;
43	43	(7) [(8)] the actor is a public servant who coerces
44	44	the other person to submit or participate;
45	45	(8) [(9)] the actor is a mental health services
46	46	provider or a health care services provider who causes the other
47	47	person, who is a patient or former patient of the actor, to submit
48	48	or participate by exploiting the other person's emotional
49	49	dependency on the actor;
50	50	(9) [(10)] the actor is a clergyman who causes the
51	51	other person to submit or participate by exploiting the other
52	52	person's emotional dependency on the clergyman in the clergyman's
53	53	professional character as spiritual adviser;
54	54	(10) [(11)] the actor is an employee of a facility
55	55	where the other person is a resident, unless the employee and
56	56	resident are formally or informally married to each other under
57	57	Chapter 2, Family Code;
58	58	(11) [(12)] the actor is a health care services
59	59	provider who, in the course of performing an assisted reproduction
60	60	procedure on the other person, uses human reproductive material
61	61	from a donor knowing that the other person has not expressly
62	62	consented to the use of material from that donor;
63	63	(12) [(13)] the actor is a coach or tutor who causes
64	64	the other person to submit or participate by using the actor's power
65	65	or influence to exploit the other person's dependency on the actor;
66	66	or
67	67	(13) [(14)] the actor is a caregiver hired to assist
68	68	the other person with activities of daily life and causes the other
69	69	person to submit or participate by exploiting the other person's
70	70	dependency on the actor.
71	71	SECTION 2. Section 22.011(c), Penal Code, is amended by
72	72	adding Subdivision (1-a) to read as follows:
73	73	(1-a) "Consent" has the meaning assigned by Section
74	74	1.07.
75	75	SECTION 3. Section 154.051(d-1), Occupations Code, is
76	76	amended to read as follows:
77	77	(d-1) The board may not consider or act on a complaint
78	78	involving an alleged violation of Section 22.011(b)(11)
79	79	[22.011(b)(12)], Penal Code, that occurred more than seven years
80	80	before the date on which the complaint is received by the board or
81	81	more than 2 years from the date the complainant knew or should have
82	82	known of the facts giving rise to the complaint, whichever is later.
83	83	SECTION 4. The change in law made by this Act applies only
84	84	to an offense committed on or after the effective date of this Act.
85	85	An offense committed before the effective date of this Act is
86	86	governed by the law in effect on the date the offense was committed,
87	87	and the former law is continued in effect for that purpose. For
88	88	purposes of this section, an offense was committed before the
89	89	effective date of this Act if any element of the offense occurred
90	90	before that date.
91	91	SECTION 5. This Act takes effect September 1, 2025.