HB3073 - Relating to the prosecution of the offense of sexual assault.

      H.B. No. 3073         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.  This Act may be cited as the Summer Willis Act.          SECTION 2.  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 knows that the other person is   intoxicated or impaired by any substance to the extent that the   other person is incapable of consenting  [ 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;                (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;                (13)  the actor is 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                (14)  the actor is a caregiver hired to assist the other   person with activities of daily life and causes the other person to   submit or participate by exploiting the other person's dependency   on the actor.          SECTION 3.  Section 22.011(c), Penal Code, is amended by   adding Subdivision (1-a) to read as follows:                 (1-a) "Consent" has the meaning assigned by Section   1.07.          SECTION 4.  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 5.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3073 was passed by the House on May 1,   2025, by the following vote:  Yeas 129, Nays 4, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 3073 on May 30, 2025, by the following vote:  Yeas 135, Nays 2,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3073 was passed by the Senate, with   amendments, on May 28, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor