The bill, S.B. No. 1432, amends the Texas Penal Code regarding the prosecution of sexual assault offenses. It modifies Section 22.011(b) to clarify the circumstances under which consent is deemed absent. Key changes include the addition of criteria that specify when an individual cannot consent due to unconsciousness, incapacity to appraise the nature of the act, or intoxication. The bill also introduces a new definition of "consent" as per Section 1.07 of the Penal Code. Additionally, it updates the list of individuals who can be charged with sexual assault, including public servants, mental health providers, and caregivers, while removing outdated language related to mental disease or defect.

Furthermore, the bill amends Section 154.051(d-1) of the Occupations Code to stipulate that the board cannot act on complaints related to certain sexual assault violations that 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 only apply 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)