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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
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.

Government Affairs & Regulatory Compliance Analysis

SB535: Government Affairs Overview

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.

Sen. Joan Huffman·Senate Bill·Regular Session

Low
Low Cost
Effective:2025-09-01

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SB535
Low
Relating to the admissibility of evidence regarding a victim's past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offe...
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Court of Criminal AppealsTexas Criminal Courts
Primary Author: Sen. Joan Huffman
89th Texas Legislature
jdkey.com
01

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.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Dec 5, 2024
Passed Senate
Mar 24, 2025
Passed House
May 24, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCrimesCrimes--against PersonsCrimes--against Persons--generalCrimes--against Persons--sexualCriminal ProcedureCriminal Procedure--generalMinorsMinors--crimes AgainstEvidenceCrime Victims
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Senate Authors

Sen. Joan HuffmanRepublican · Primary Author

House Sponsors

Rep. Giovanni CapriglioneRepublican · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB535

Q

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.

Q

Who authored SB535?

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

Q

When was SB535 signed into law?

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

Q

Which agencies enforce SB535?

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

Q

How significant are the changes in SB535?

The regulatory priority for SB535 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does SB535 address?

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

Q

What are the key dates for SB535?

Key dates for SB535: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

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JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026