Bill Text: TX HB265 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the prosecution of the offenses of sexual assault and aggravated sexual assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-26 - Left pending in committee [HB265 Detail]
Download: Texas-2017-HB265-Introduced.html
| 85S10924 KJE-F | ||
| By: Turner | H.B. No. 265 | |
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| relating to the prosecution of the offenses of sexual assault and | ||
| aggravated sexual assault. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 22.011(b), Penal Code, as effective | ||
| September 1, 2017, is amended to read as follows: | ||
| (b) A sexual assault under Subsection (a)(1) is without the | ||
| consent of the other person if: | ||
| (1) the actor compels the other person to submit or | ||
| participate by the use of physical force, violence, or coercion; | ||
| (2) the actor compels the other person to submit or | ||
| participate by threatening to use force or violence against the | ||
| other person or to cause harm to the other person, and the other | ||
| person believes that the actor has the present ability to execute | ||
| the threat; | ||
| (3) the other person has not consented and the actor | ||
| knows the other person is: | ||
| (A) unconscious; | ||
| (B) [ |
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| (C) incapable of appraising the nature of the | ||
| act; or | ||
| (D) unaware that the sexual assault is occurring; | ||
| (4) the actor knows that as a result of mental disease | ||
| or defect the other person is at the time of the sexual assault | ||
| incapable either of appraising the nature of the act or of resisting | ||
| it; | ||
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| participate by threatening to use force or violence against any | ||
| person, and the other person believes that the actor has the ability | ||
| to execute the threat; | ||
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| the other person to submit or participate; | ||
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| provider or a health care services provider who causes the other | ||
| person, who is a patient or former patient of the actor, to submit | ||
| or participate by exploiting the other person's emotional | ||
| dependency on the actor; | ||
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| other person to submit or participate by exploiting the other | ||
| person's emotional dependency on the clergyman in the clergyman's | ||
| professional character as spiritual adviser; [ |
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| where the other person is a resident, unless the employee and | ||
| resident are formally or informally married to each other under | ||
| Chapter 2, Family Code; or | ||
| (10) the actor knows that the other person has | ||
| withdrawn consent to the act and the actor persists in the act after | ||
| consent is withdrawn. | ||
| SECTION 2. Section 22.011(c), Penal Code, is amended by | ||
| adding Subdivision (6) to read as follows: | ||
| (6) Notwithstanding Section 1.07, "consent" means | ||
| express consent demonstrated through words or actions indicating an | ||
| active and voluntary agreement to participate in an act. | ||
| SECTION 3. Section 22.011, Penal Code, is amended by adding | ||
| Subsection (e-1) to read as follows: | ||
| (e-1) It is not a defense to prosecution under this section | ||
| that the actor mistakenly believed that the other person consented | ||
| to the conduct if a reasonable person should have known or | ||
| understood that the other person did not consent to the conduct. | ||
| SECTION 4. Section 22.021(b), Penal Code, is amended by | ||
| adding Subdivision (4) to read as follows: | ||
| (4) Notwithstanding Section 1.07, "consent" has the | ||
| meaning assigned by Section 22.011. | ||
| SECTION 5. Section 22.021, Penal Code, is amended by adding | ||
| Subsection (d-1) to read as follows: | ||
| (d-1) It is not a defense to prosecution under this section | ||
| that the actor mistakenly believed that the other person consented | ||
| to the conduct if a reasonable person should have known or | ||
| understood that the other person did not consent to the conduct. | ||
| SECTION 6. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 7. This Act takes effect December 1, 2017. | ||
