House Bill No. 4315 aims to amend the Texas Penal Code regarding the prosecution of sexual assault offenses. The bill expands the definitions of circumstances under which consent is deemed absent, particularly focusing on the roles of various professionals and caregivers. Notably, it introduces new provisions that specify that a sexual assault is without consent if the actor is a mental health services provider, health care services provider, or someone pretending to be one, and they cause the other person to submit or participate by creating a false impression of law or fact. Additionally, it clarifies the definition of a "health care services provider" to include various licensed professionals.
The bill also removes the previous provision that allowed for the exploitation of dependency by caregivers hired to assist individuals with daily activities, replacing it with a broader definition that encompasses mental health and health care providers. The changes in law will only apply to offenses committed on or after the effective date of September 1, 2025, ensuring that any offenses occurring prior to this date will be governed by the existing laws at that time.
Statutes affected: Introduced: Penal Code 22.011 (Penal Code 22)