Bill > HB3073

This bill modifies the Texas Penal Code's definition of sexual assault, specifically focusing on consent and circumstances under which consent is not considered valid. The key change is in Section 22.011(b)(6), which updates the language about intoxication: instead of requiring that the actor intentionally impair the victim's ability to consent by administering a substance without their knowledge, the new provision simply states that sexual assault occurs if the actor knows the other person is "intoxicated or impaired by any substance to the extent that the other person is incapable of consenting." Additionally, the bill adds a provision in Section 22.011(c) that formally defines "consent" by referencing Section 1.07 of the Penal Code. The bill is named the "Summer Willis Act" and will take effect on September 1, 2025, applying only to offenses committed on or after that date. This modification broadens the legal definition of non-consensual sexual assault by focusing on the victim's actual capacity to consent, rather than on the specific actions of the perpetrator in impairing that capacity.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3073