H.B. No. 3073, also known as the Summer Willis Act, amends the Texas Penal Code regarding the prosecution of sexual assault offenses. The bill clarifies that a sexual assault is considered to be without consent if the actor knows that the other person is intoxicated or impaired by any substance to the extent that they are incapable of consenting. This replaces the previous language that required the actor to have intentionally impaired the other person's ability to appraise or control their conduct by administering a substance without their knowledge. Additionally, the bill introduces a definition of "consent" as assigned by Section 1.07 of the Penal Code.

The changes made by this Act will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses that occurred before this date will be governed by the law in effect at the time of the offense. The bill aims to strengthen the legal framework surrounding sexual assault cases and ensure that consent is clearly defined and understood in the context of intoxication and impairment.

Statutes affected:
Introduced: Penal Code 22.011 (Penal Code 22)
House Committee Report: Penal Code 22.011 (Penal Code 22)
Engrossed: Penal Code 22.011 (Penal Code 22)
Senate Committee Report: Penal Code 22.011 (Penal Code 22)
Enrolled: Penal Code 22.011 (Penal Code 22)