SB535

Regular Session

Relating to the admissibility of evidence regarding a victim's past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Criminal Courts • Court of Criminal Appeals

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Applies to any criminal proceeding commencing on or after this date).
Agency Rulemaking: None. The statute is self-executing within the Texas Criminal Courts; however, judicial interpretation will evolve immediately through case law.

Immediate Action Plan

Update Legal Playbooks: Instruct outside counsel that "reputation" defenses are statutorily barred for cases commencing after 9/1/2025.
Revise HR Investigation Checklists: Remove steps involving the collection of an accuser's past sexual history to save resources and reduce liability.
Prepare Subpoena Templates: Create a standard objection/motion template for responding to subpoenas involving victim data, specifically requesting *in camera* review and sealing of records.

Operational Changes Required

Contracts

No Impact: Standard vendor agreements, MSAs, and employment contracts do not require amendment.

Hiring/Training

Internal Investigation Protocols: HR and Compliance Directors must update investigation training. Investigators should be instructed to cease gathering evidence regarding an accuser's sexual reputation or past history (unless directly involving the accused), as this data is now inadmissible in criminal court and creates unnecessary privacy liability.
Legal Defense Management: Corporate counsel overseeing outside defense for employees must revise litigation guidelines to exclude strategies reliant on the victim's history, focusing instead on consent or factual innocence.

Reporting & Record-Keeping

Subpoena Response: If your organization (particularly in hospitality or transportation) is subpoenaed for records regarding a victim, legal teams must file motions to have these records reviewed *in camera* (privately) and sealed, citing Article 38.371, Code of Criminal Procedure.
Sealed Records: Ensure that any internal records handed over to the prosecution regarding a victim's history are marked "CONFIDENTIAL - SUBJECT TO SEAL UNDER SB535."

Fees & Costs

No Impact: There are no new state fees or direct fiscal costs associated with this legislation.

Strategic Ambiguities & Considerations

Definition of "Commencement": The law applies to proceedings "commencing" on or after September 1, 2025, but fails to define if this means the date of offense, arrest, or indictment. Until the Court of Criminal Appeals clarifies, businesses must assume the strictest interpretation (date of indictment) to avoid procedural waiver.
Civil vs. Criminal Application: This statute amends the Code of Criminal Procedure, not the Civil Practice and Remedies Code. It is unclear if a judge would apply these strict standards in a parallel civil suit (e.g., a negligence claim against a hotel regarding trafficking). Do not assume this evidence is automatically barred in civil litigation without specific motion practice.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Persons Crimes--against Persons--general Crimes--against Persons--sexual Criminal Procedure Criminal Procedure--general Minors Minors--crimes Against Evidence Crime Victims

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 535
89R4121 EAS-F	By: Huffman
	Criminal Justice
	3/13/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Texas Rule of Evidence 412, the state's rape shield law, protects victims of sexual assault and aggravated sexual assault by generally excluding evidence of their past sexual behavior or reputation. However, these protections do not extend to victims of human trafficking or child-specific sex crimes like continuous sexual abuse and indecency. S.B. 535 addresses this gap by expanding the law to cover victims of human trafficking and child-specific sexual offenses.

As proposed, S.B. 535 amends current law relating to the admissibility of evidence regarding a victim's past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 38, Code of Criminal Procedure, by adding Article 38.372, as follows:

Art. 38.372.� EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR. (a) Defines "victim."

(b)� Provides that this article applies to a proceeding in the prosecution of a defendant for an offense, or for an attempt or conspiracy to commit an offense, under certain provisions of the Penal Code.

(c)� Provides that, except as provided by Subsection (d), in the prosecution of an offense described by Subsection (b), reputation or opinion evidence of a victim's past sexual behavior or specific instances of a victim's past sexual behavior is not admissible.

(d)� Prohibits a defendant from offering reputation or opinion evidence of a victim's past sexual behavior or specific instances of a victim's past sexual behavior unless the court:

(1)� on a motion by the defendant made outside the presence of the jury, conducts an in camera examination of the evidence in the presence of the court reporter; and

(2)� determines that the probative value of the evidence outweighs the danger of unfair prejudice to the victim and that the evidence is necessary to rebut or explain scientific or medical evidence offered by the attorney representing the state, concerns past sexual behavior with the defendant and is offered by the defendant to prove consent, relates to the victim's motive or bias, is admissible under Rule 609, Texas Rules of Evidence, or is constitutionally required to be admitted.

(e)� Requires the court to seal the record of the in camera examination conducted under Subsection (d)(1) and preserve the examination record as part of the record in the case.

SECTION 2. Provides that, under the terms of Section 22.109(b) (relating to authorizing the court of criminal appeals to promulgate a comprehensive body of rules of evidence in the trials of criminal cases and from time to time to promulgate certain rules with certain requirements), Government Code, Rule 412, Texas Rules of Evidence, is disapproved.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.

Senate Authors

Sen. Joan HuffmanRepublican · Primary Author

House Sponsors

Rep. Giovanni CapriglioneRepublican · Primary Sponsor

Joint Sponsors

Bill Text(with markup)

S.B. No. 535

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the admissibility of evidence regarding a victim's past
	sexual behavior in prosecutions of certain trafficking, sexual, or
	assaultive offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 38, Code of Criminal Procedure, is
	amended by adding Article 38.372 to read as follows:
	Art. 38.372. EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR.
	(a) In this article, "victim" includes the victim of an extraneous
	offense or act with respect to which evidence is introduced during
	the prosecution of an offense described by Subsection (b).
	(b) This article applies to a proceeding in the prosecution
	of a defendant for an offense, or for an attempt or conspiracy to
	commit an offense, under any of the following provisions of the
	Penal Code:
	(1) Section 20A.02(a)(3), (4), (7), or (8)
	(Trafficking of Persons);
	(2) Section 20A.03 (Continuous Trafficking of
	Persons), if the offense is based partly or wholly on conduct that
	constitutes an offense under Section 20A.02(a)(3), (4), (7), or
	(8);
	(3) Section 21.02 (Continuous Sexual Abuse of Young
	Child or Disabled Individual);
	(4) Section 21.11 (Indecency with a Child);
	(5) Section 22.011 (Sexual Assault);
	(6) Section 22.012 (Indecent Assault); or
	(7) Section 22.021 (Aggravated Sexual Assault).
	(c) In the prosecution of an offense described by Subsection
	(b), reputation or opinion evidence of a victim's past sexual
	behavior is not admissible.
	(d) Except as provided by Subsection (e), in the prosecution
	of an offense described by Subsection (b), evidence of a specific
	instance of a victim's past sexual behavior is not admissible.
	(e) A defendant may not offer evidence of a specific
	instance of a victim's past sexual behavior unless the court:
	(1) on a motion by the defendant made outside the
	presence of the jury, conducts an in camera examination of the
	evidence in the presence of the court reporter; and
	(2) determines that the probative value of the
	evidence outweighs the danger of unfair prejudice to the victim and
	that the evidence:
	(A) is necessary to rebut or explain scientific
	or medical evidence offered by the attorney representing the state;
	(B) concerns past sexual behavior with the
	defendant and is offered by the defendant to prove consent, if the
	lack of consent is an element of the offense;
	(C) relates to the victim's motive or bias;
	(D) is admissible under Rule 609, Texas Rules of
	Evidence; or
	(E) is constitutionally required to be admitted.
	(f) The court shall seal the record of the in camera
	examination conducted under Subsection (e)(1) and preserve the
	examination record as part of the record in the case.
	SECTION 2. Under the terms of Section 22.109(b), Government
	Code, Rule 412, Texas Rules of Evidence, is disapproved.
	SECTION 3. The change in law made by this Act applies to the
	admissibility of evidence in a criminal proceeding that commences
	on or after the effective date of this Act. The admissibility of
	evidence in a criminal proceeding that commences before the
	effective date of this Act is governed by the law in effect on the
	date the proceeding commenced, and the former law is continued in
	effect for that purpose.
	SECTION 4. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 17, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB535 by Huffman (Relating to the admissibility of evidence regarding a victim's past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, DA, JPa

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Frequently Asked Questions

Common questions about SB535

What does Texas SB535 do?

SB535 strictly limits the admissibility of a victim’s past sexual behavior in criminal trials for trafficking, sexual assault, and indecent assault, effectively codifying "Rape Shield" protections into the Code of Criminal Procedure. This legislation primarily impacts corporate counsel managing criminal defense strategies for employees and HR departments conducting internal investigations into sexual misconduct, rendering "reputation" evidence legally useless and inadmissible. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies to any criminal proceeding commencing on or after this date).

Who authored SB535?

SB535 was authored by Texas Senator Joan Huffman during the Regular Session.

When was SB535 signed into law?

SB535 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB535?

SB535 is enforced by Texas Criminal Courts and Court of Criminal Appeals.

How urgent is compliance with SB535?

The compliance urgency for SB535 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB535?

The cost impact of SB535 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB535 address?

SB535 addresses topics including crimes, crimes--against persons, crimes--against persons--general, crimes--against persons--sexual and criminal procedure.

Legislative data provided by LegiScanLast updated: November 25, 2025

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