Texas 2025 - 89th Regular

Texas Senate Bill SB792 Compare Versions

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Old	New	Differences
1	1	89R4843 MZM-F
2	2	By: Alvarado S.B. No. 792
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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 or reasonably should know the other person is:
24	24	(A) unconscious; [or]
25	25	(B) physically unable to resist;
26	26	(C) incapable either of appraising the nature of
27	27	the act or of resisting the act; or
28	28	(D) unaware that the sexual assault is occurring;
29	29	(4) the actor knows or reasonably should know that the
30	30	other person has withdrawn consent to the act and the actor persists
31	31	after consent is withdrawn [the actor knows that as a result of
32	32	mental disease or defect the other person is at the time of the
33	33	sexual assault incapable either of appraising the nature of the act
34	34	or of resisting it];
35	35	(5) the actor knows or reasonably should know the
36	36	other person is intoxicated by any substance such that the other
37	37	person is incapable of consenting to the act [the other person has
38	38	not consented and the actor knows the other person is unaware that
39	39	the sexual assault is occurring];
40	40	(6) [the actor has intentionally impaired the other
41	41	person's power to appraise or control the other person's conduct by
42	42	administering any substance without the other person's knowledge;
43	43	[(7)] the actor compels the other person to submit or
44	44	participate by threatening to use force or violence against any
45	45	person, and the other person believes that the actor has the ability
46	46	to execute the threat;
47	47	(7) [(8)] the actor is a public servant who coerces
48	48	the other person to submit or participate;
49	49	(8) [(9)] the actor is a mental health services
50	50	provider or a health care services provider who causes the other
51	51	person, who is a patient or former patient of the actor, to submit
52	52	or participate by exploiting the other person's emotional
53	53	dependency on the actor;
54	54	(9) [(10)] the actor is a clergyman who causes the
55	55	other person to submit or participate by exploiting the other
56	56	person's emotional dependency on the clergyman in the clergyman's
57	57	professional character as spiritual adviser;
58	58	(10) [(11)] the actor is an employee of a facility
59	59	where the other person is a resident, unless the employee and
60	60	resident are formally or informally married to each other under
61	61	Chapter 2, Family Code;
62	62	(11) [(12)] the actor is a health care services
63	63	provider who, in the course of performing an assisted reproduction
64	64	procedure on the other person, uses human reproductive material
65	65	from a donor knowing that the other person has not expressly
66	66	consented to the use of material from that donor;
67	67	(12) [(13)] the actor is a coach or tutor who causes
68	68	the other person to submit or participate by using the actor's power
69	69	or influence to exploit the other person's dependency on the actor;
70	70	or
71	71	(13) [(14)] the actor is a caregiver hired to assist
72	72	the other person with activities of daily life and causes the other
73	73	person to submit or participate by exploiting the other person's
74	74	dependency on the actor.
75	75	SECTION 2. Section 22.011(c), Penal Code, is amended by
76	76	adding Subdivision (1-a) to read as follows:
77	77	(1-a) "Consent" has the meaning assigned by Section
78	78	1.07.
79	79	SECTION 3. Section 154.051(d-1), Occupations Code, is
80	80	amended to read as follows:
81	81	(d-1) The board may not consider or act on a complaint
82	82	involving an alleged violation of Section 22.011(b)(11)
83	83	[22.011(b)(12)], Penal Code, that occurred more than seven years
84	84	before the date on which the complaint is received by the board or
85	85	more than 2 years from the date the complainant knew or should have
86	86	known of the facts giving rise to the complaint, whichever is later.
87	87	SECTION 4. The change in law made by this Act applies only
88	88	to an offense committed on or after the effective date of this Act.
89	89	An offense committed before the effective date of this Act is
90	90	governed by the law in effect on the date the offense was committed,
91	91	and the former law is continued in effect for that purpose. For
92	92	purposes of this section, an offense was committed before the
93	93	effective date of this Act if any element of the offense occurred
94	94	before that date.
95	95	SECTION 5. This Act takes effect September 1, 2025.