Bill Text: TX HB4135 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the prosecution of the criminal offense of sexual assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Criminal Jurisprudence [HB4135 Detail]
Download: Texas-2021-HB4135-Introduced.html
| 87R7188 AJZ-D | ||
| By: Collier | H.B. No. 4135 | |
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| relating to the prosecution of the criminal offense of sexual | ||
| assault. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 22.011(b), Penal Code, 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 unconscious or physically unable to | ||
| resist; | ||
| (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; | ||
| (5) the other person has not consented and the actor | ||
| knows the other person is unaware that the sexual assault is | ||
| occurring; | ||
| (6) the actor has intentionally impaired the other | ||
| person's power to appraise or control the other person's conduct by | ||
| administering any substance without the other person's knowledge; | ||
| (7) the actor compels the other person to submit or | ||
| 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; | ||
| (8) the actor is a public servant who coerces the other | ||
| person to submit or participate; | ||
| (9) the actor is a mental health services 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; | ||
| (10) the actor is a clergyman who causes the 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; | ||
| (11) the actor is an employee of a facility 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; [ |
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| (12) the actor is a health care services provider who, | ||
| in the course of performing an assisted reproduction procedure on | ||
| the other person, uses human reproductive material from a donor | ||
| knowing that the other person has not expressly consented to the use | ||
| of material from that donor; or | ||
| (13) the actor is a mental health services provider, a | ||
| health care services provider, or a person who purports to be a | ||
| health care services provider and: | ||
| (A) the actor creates or confirms a false | ||
| impression of law or fact that the actor knows or has reason to | ||
| believe is false; and | ||
| (B) the other person submits or participates on | ||
| the basis of the false impression. | ||
| SECTION 2. Section 22.011(c)(3), Penal Code, is amended to | ||
| read as follows: | ||
| (3) "Health care services provider" means a person who | ||
| is licensed, certified, or otherwise authorized by the laws of this | ||
| state to provide health care services in the ordinary course of | ||
| business or practice of a profession, including: | ||
| (A) a physician licensed under Subtitle B, Title | ||
| 3, Occupations Code; | ||
| (B) a chiropractor licensed under Chapter 201, | ||
| Occupations Code; | ||
| (C) a physical therapist licensed under Chapter | ||
| 453, Occupations Code; | ||
| (D) a physician assistant licensed under Chapter | ||
| 204, Occupations Code; or | ||
| (E) a registered nurse, a vocational nurse, or an | ||
| advanced practice nurse licensed under Chapter 301, Occupations | ||
| Code. | ||
| SECTION 3. The changes in law made by this Act apply 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 when 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 4. This Act takes effect September 1, 2021. | ||
