Johnson’s bill redefining consent in sexual assault law

The text as introduced · 945 words

89R5127 MZM-F

By: Johnson
H.B. No. 324

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the 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 consent, as defined by Section

1.07(a), is not present or 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 or reasonably should know the other person is :

(A) unconscious ;

(B) [ or ] physically unable to resist ;

(C) incapable either of appraising the nature of

the act or of resisting the act; or

(D) unaware that the sexual assault is occurring ;

(4) the actor knows or reasonably should know that the

other person has not consented, either verbally or through another

positive affirmation, to the specific act or that the person has

withdrawn consent to the act and the actor persists after consent is

withdrawn [ the actor knows that as a result of mental disease or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 actor knows or reasonably should know the

other person is intoxicated by any substance such that the other

person is incapable of consenting to the act [ 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;

(7) [ (8) ] the actor is a public servant , or

impersonates a public servant, who coerces the other person to

submit or participate;

(8) [ (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;

(9) [ (10) ] the actor is a clergyman , or impersonates a

clergyman, who causes the other person to submit or participate by

exploiting the other person's emotional dependency on the actor

[ clergyman ] in the actor's [ clergyman's ] professional or

impersonated character as spiritual adviser;

(10) [ (11) ] the actor is an employee of a facility , or

impersonates 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;

(11) [ (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;

(12) [ (13) ] the actor is a coach or tutor , or

impersonates a coach or tutor, who causes the other person to submit

or participate by using the actor's power or influence to exploit

the other person's dependency on the actor; [ or ]

(13) [ (14) ] the actor is a caregiver hired to assist

the other person with activities of daily life , or impersonates

such a caregiver, and causes the other person to submit or

participate by exploiting the other person's dependency on the

actor ; or

(14) the actor is a mental health services provider, a

health care services provider, or a person purporting to be a health

care services provider who, during the course of providing actual

or purported mental health services or health care services to the

other person, causes the other person to submit or participate by

creating or confirming a false impression of law or fact .

SECTION 2. Section 154.051(d-1), Occupations Code, is

amended to read as follows:

(d-1) The board may not consider or act on a complaint

involving an alleged violation of Section 22.011(b)(11)

[ 22.011(b)(12) ], Penal Code, that occurred more than seven years

before the date on which the complaint is received by the board or

more than 2 years from the date the complainant knew or should have

known of the facts giving rise to the complaint, whichever is later.

SECTION 3. 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 4. This Act takes effect September 1, 2025.