HBA-EDN H.B. 1373 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1373
By: Danburg
Criminal Jurisprudence
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a sexual assault occurs if there is defined
sexual contact without consent. Provisions relating to what constitutes
"without consent" focus primarily on the alleged perpetrator's conduct, but
do not include communication by the victim expressing lack of consent.
House Bill 1373 provides that a sexual assault is without consent if a
victim does not consent by words or conduct.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1373 amends the Penal Code to provide that a sexual assault is
without the consent of another person if the other person does not consent
by words or conduct.  

EFFECTIVE DATE

September 1, 2001.