H.B. No. 1422 is a legislative measure designed to enhance the rights of victims of sexual assault and other sex offenses, introduce a new criminal offense of continuous sexual abuse, and increase penalties for certain sex offenses. The bill amends the Government Code to allow survivors to provide limited consent for forensic DNA testing and comparison of evidence without necessitating a report to law enforcement. It ensures that survivors receive clear information regarding the implications of consenting to DNA testing, including potential uses of the results in criminal investigations. Additionally, the bill modifies existing penal code sections to define continuous sexual abuse as committing three or more acts of sexual abuse within a 30-day period, clarifying that juries need not unanimously agree on specific acts or dates.

The bill also introduces significant amendments to the Penal Code concerning sexual offenses, particularly those involving minors. It establishes that a defendant cannot be charged with more than one count of sexual abuse against a single victim and outlines specific affirmative defenses for defendants accused of offenses involving victims under 17 years of age. The bill classifies certain offenses as first-degree felonies, with severe penalties, and modifies the classification of other offenses, changing some from misdemeanors to state jail felonies or third-degree felonies based on the victim's age and the actor's prior convictions. It mandates the Department of Public Safety to adopt necessary forms by December 1, 2025, and clarifies that the changes apply only to offenses committed on or after the effective date of the Act, set for September 1, 2025.

Statutes affected:
Introduced: Government Code 420.0735, Penal Code 3.03, Penal Code 12.42, Penal Code 12.502, Penal Code 21.17, Penal Code 22.021 (Penal Code 12, Penal Code 21, Government Code 420, Penal Code 22, Penal Code 3)