Texas 2025 - 89th Regular

Texas Senate Bill SB333 Compare Versions

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

Old	New	Differences
1	1	89R4322 MZM-F
2	2	By: Eckhardt S.B. No. 333
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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;
25	25	(4) the actor knows that as a result of mental disease
26	26	or defect the other person is at the time of the sexual assault
27	27	incapable either of appraising the nature of the act or of resisting
28	28	it;
29	29	(5) the other person has not consented and the actor
30	30	knows the other person is unaware that the sexual assault is
31	31	occurring;
32	32	(6) the actor has intentionally impaired the other
33	33	person's power to appraise or control the other person's conduct by
34	34	administering any substance without the other person's knowledge;
35	35	(7) the actor compels the other person to submit or
36	36	participate by threatening to use force or violence against any
37	37	person, and the other person believes that the actor has the ability
38	38	to execute the threat;
39	39	(8) the actor is a public servant who coerces the other
40	40	person to submit or participate;
41	41	(9) the actor is a mental health services provider or a
42	42	health care services provider who causes the other person, who is a
43	43	patient or former patient of the actor, to submit or participate by
44	44	exploiting the other person's emotional dependency on the actor;
45	45	(10) the actor is a clergyman who causes the other
46	46	person to submit or participate by exploiting the other person's
47	47	emotional dependency on the clergyman in the clergyman's
48	48	professional character as spiritual adviser;
49	49	(11) the actor is an employee of a facility where the
50	50	other person is a resident, unless the employee and resident are
51	51	formally or informally married to each other under Chapter 2,
52	52	Family Code;
53	53	(12) the actor is a health care services provider who,
54	54	in the course of performing an assisted reproduction procedure on
55	55	the other person, uses human reproductive material from a donor
56	56	knowing that the other person has not expressly consented to the use
57	57	of material from that donor;
58	58	(13) the actor is a coach or tutor who causes the other
59	59	person to submit or participate by using the actor's power or
60	60	influence to exploit the other person's dependency on the actor;
61	61	[or]
62	62	(14) the actor is a caregiver hired to assist the other
63	63	person with activities of daily life and causes the other person to
64	64	submit or participate by exploiting the other person's dependency
65	65	on the actor; or
66	66	(15) the actor is a mental health services provider, a
67	67	health care services provider, or a person purporting to be a health
68	68	care services provider who, during the course of providing actual
69	69	or purported mental health services or health care services to the
70	70	other person, causes the other person to submit or participate by
71	71	creating or confirming a false impression of law or fact.
72	72	SECTION 2. Section 22.011(c)(3), Penal Code, is amended to
73	73	read as follows:
74	74	(3) "Health care services provider" means a person who
75	75	is licensed, certified, or otherwise authorized by the laws of this
76	76	state to provide health care services in the ordinary course of
77	77	business or practice of a profession, including:
78	78	(A) a physician licensed under Subtitle B, Title
79	79	3, Occupations Code;
80	80	(B) a chiropractor licensed under Chapter 201,
81	81	Occupations Code;
82	82	(C) a physical therapist licensed under Chapter
83	83	453, Occupations Code;
84	84	(D) a physician assistant licensed under Chapter
85	85	204, Occupations Code; or
86	86	(E) a registered nurse, a vocational nurse, or an
87	87	advanced practice nurse licensed under Chapter 301, Occupations
88	88	Code.
89	89	SECTION 3. The changes in law made by this Act apply only to
90	90	an offense committed on or after the effective date of this Act. An
91	91	offense committed before the effective date of this Act is governed
92	92	by the law in effect when the offense was committed, and the former
93	93	law is continued in effect for that purpose. For purposes of this
94	94	section, an offense was committed before the effective date of this
95	95	Act if any element of the offense occurred before that date.
96	96	SECTION 4. This Act takes effect September 1, 2025.