81R9742 SJM-F
By: Jackson H.B. No. 1745
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offenses of sexual assault and
aggravated sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.011, Penal Code, is amended by adding
Subsections (e-1) and (g) to read as follows:
(e-1) It is an affirmative defense to prosecution under
Subsection (a)(2) that:
(1) the actor reasonably believed that the victim was
17 years of age or older and:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62, Code of
Criminal Procedure, had a reportable conviction or adjudication for
an offense under this section or Section 22.021; and
(2) the victim:
(A) was 13 years of age or older; and
(B) in the presence of the actor, displayed
tangible, false evidence that:
(i) was intentionally designed to mislead
another as to the victim's age; and
(ii) when considered objectively by the
court with other circumstances, can reasonably be thought to be
accurate identification of the victim.
(g) Subsection (e-1) does not invalidate or otherwise
diminish Rule 412, Texas Rules of Evidence.
SECTION 2. Section 22.021, Penal Code, is amended by adding
Subsections (d-1) and (g) to read as follows:
(d-1) It is an affirmative defense to prosecution under
Subsection (a)(2)(B) that:
(1) the actor reasonably believed that the victim was
17 years of age or older and:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62, Code of
Criminal Procedure, had a reportable conviction or adjudication for
an offense under this section or Section 22.011; and
(2) the victim:
(A) was 13 years of age or older; and
(B) in the presence of the actor, displayed
tangible, false evidence that:
(i) was intentionally designed to mislead
another as to the victim's age; and
(ii) when considered objectively by the
court with other circumstances, can reasonably be thought to be
accurate identification of the victim.
(g) Subsection (d-1) does not invalidate or otherwise
diminish Rule 412, Texas Rules of Evidence.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For the
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 4. This Act takes effect September 1, 2009.