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Relating to the prosecution of the offense of sexual assault.
No significant fiscal implication to the State is anticipated.
SB 1259 would expand the definition of "without consent" for purposes of sexual assault, if the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor. The offense would be a state jail felony.
Texas Action supports SB 1259 because it promotes individual liberty and personal responsibility. This would provide a much-needed remedy for families who are victims of such invasive deception, and would hold doctors accountable for their actions. We are generally skeptical of creating new felony level offenses for first time offenders, however in this instance the punishment is proportional to the crime.