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

Court of Criminal Appeals • Texas Criminal Courts

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

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.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

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

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

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Joan Huffman

View all bills by Sen. Joan Huffman

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 Court of Criminal Appeals and Texas Criminal Courts.

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

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.