Texas Senate Bill SB 535

Texas 2025 - 89th Regular

• Filed: 12/5/24
• Out of Senate Committee: 3/19/25
• Voted on by Senate: 3/24/25
• Out of House Committee: 5/16/25
• Voted on by House: 5/24/25
• Governor Action: 6/20/25

Caption

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

Summary

SB 535 creates a new Article 38.372 in the Texas Code of Criminal Procedure to limit the admissibility of evidence about a victim’s past sexual behavior in prosecutions for certain trafficking, sexual, and assaultive offenses. The bill applies to cases involving trafficking of persons, continuous trafficking, continuous sexual abuse of a young child or disabled individual, indecency with a child, sexual assault, indecent assault, and aggravated sexual assault, as well as attempts and conspiracies to commit those offenses. Under the bill, reputation or opinion evidence about a victim’s past sexual behavior is barred, and evidence of specific prior sexual conduct is generally inadmissible. A defendant may introduce such evidence only after an in camera hearing and only if the court finds that its probative value outweighs unfair prejudice and that it fits one of several narrow exceptions, including rebutting scientific or medical evidence, proving consent with the defendant, showing motive or bias, satisfying Rule 609, or meeting a constitutional requirement. The bill also requires the court to seal the in camera record.

Impact

The bill changes Texas criminal procedure by adding a specialized rape-shield-style evidentiary rule for prosecutions involving trafficking and sexual offenses, and it expressly disapproves Rule 412 of the Texas Rules of Evidence under the Government Code process. It affects prosecutors, defendants, victims, and trial courts by restricting when a victim’s sexual history can be used at trial and by requiring sealed in camera review before any exception applies. The change applies only to criminal proceedings that begin on or after September 1, 2025; earlier cases remain governed by prior law.

Sentiment

The bill appears to have had broad bipartisan support and little visible opposition. It passed the Senate 30-0 and the House 135-0, with two members present not voting, indicating strong consensus around strengthening protections for victims in sexual and trafficking-related prosecutions. The lack of recorded committee transcript discussion suggests the measure was not especially controversial in the legislative process.

Contention

The main policy tension in SB 535 is between protecting victims from invasive or prejudicial questioning about past sexual behavior and preserving a defendant’s ability to present relevant evidence in their defense. The bill addresses that tension by allowing limited exceptions only after an in camera judicial review and a finding that probative value outweighs unfair prejudice. Any concern would likely come from defense interests focused on consent, impeachment, or constitutional rights, while victim advocates would favor the broader exclusion of sexual-history evidence.