| 1 | 1 | | 81R10222 GCB-D |
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| 2 | 2 | | By: Coleman H.B. No. 3564 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of certain conduct constituting the |
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| 8 | 8 | | offense of indecency with a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.11(b), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) It is an affirmative defense to prosecution under this |
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| 13 | 13 | | section that the actor: |
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| 14 | 14 | | (1) was not more than three years older than the victim |
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| 15 | 15 | | [and of the opposite sex]; |
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| 16 | 16 | | (2) did not use duress, force, or a threat against the |
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| 17 | 17 | | victim at the time of the offense; and |
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| 18 | 18 | | (3) at the time of the offense: |
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| 19 | 19 | | (A) was not required under Chapter 62, Code of |
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| 20 | 20 | | Criminal Procedure, to register for life as a sex offender; or |
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| 21 | 21 | | (B) was not a person who under Chapter 62 had a |
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| 22 | 22 | | reportable conviction or adjudication for an offense under this |
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| 23 | 23 | | section. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to an offense committed on or after the effective date of this Act. |
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| 26 | 26 | | An offense committed before the effective date of this Act is |
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| 27 | 27 | | covered by the law in effect when the offense was committed, and the |
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| 28 | 28 | | former law is continued in effect for that purpose. For purposes of |
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| 29 | 29 | | this section, an offense was committed before the effective date of |
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| 30 | 30 | | this Act if any element of the offense was committed before that |
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| 31 | 31 | | date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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