The bill, S.B. No. 332, amends Section 22.011(b) of the Penal Code regarding the prosecution of sexual assault offenses. It expands the definitions of non-consensual sexual assault by adding new circumstances under which consent is deemed absent. Specifically, the bill introduces several new provisions, including that a sexual assault is without consent if the actor knows the other person is intoxicated to the point of being incapable of understanding the nature of the act, or if the actor knows that the other person has withdrawn consent and continues the act. Additionally, it includes provisions related to caregivers, coaches, and health care providers who exploit their positions of power or emotional dependency to compel participation.

The bill also removes the previous provision that allowed for the possibility of consent in certain situations, thereby strengthening the legal framework against sexual assault. The changes will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the law in effect at that time.

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