The bill, H.B. No. 324, amends Section 22.011(b) of the Penal Code regarding the prosecution of sexual assault offenses. It clarifies the circumstances under which consent is considered absent, including specific conditions such as the victim being unconscious, incapable of appraising the nature of the act, or intoxicated to the point of being unable to consent. The bill introduces new language that emphasizes the importance of consent, stating that an actor must know or reasonably should know if the other person has not consented or has withdrawn consent. Additionally, it expands the definitions of coercive relationships, including those involving public servants, mental health providers, and caregivers, who exploit their positions to compel participation.

Furthermore, the bill modifies Section 154.051(d-1) of the Occupations Code, specifying that the board cannot act on complaints related to certain violations of the Penal Code if they occurred more than seven years prior or more than two years from when the complainant became aware of the facts. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed before this date will be governed by the previous law.

Statutes affected:
Introduced: Penal Code 22.011 (Penal Code 22)