The bill amends Section 22.011 of the Penal Code to expand the definitions and circumstances under which sexual assault is considered to occur without consent. Notably, it introduces new provisions that specify additional scenarios where consent is absent, including situations involving mental health services providers, health care services providers, and caregivers who exploit their positions of trust and dependency. Specifically, the bill adds a new clause that addresses instances where a mental health or health care provider creates a false impression of law or fact to coerce participation from the victim. Additionally, it clarifies the definition of "health care services provider" to include various licensed professionals.

The bill also removes a previous provision regarding caregivers and replaces it with a more comprehensive definition that includes the exploitation of dependency by mental health and health care providers. 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 prior to this date will be governed by the law in effect at that time.

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