Texas 2009 81st Regular

Texas House Bill HB549 House Committee Report / Analysis

Filed 02/01/2025

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                    BILL ANALYSIS             H.B. 549     By: Raymond     Criminal Jurisprudence     Committee Report (Unamended)             BACKGROUND AND PURPOSE   Currently, it is not an affirmative defense to prosecution for an offense of indecency with a child, an offense of sexual assault of a child, an offense of engaging in an improper relationship between an educator and a student, or an offense relating to improper sexual activity with a person under the supervision of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department that the actor was the spouse of the child at the time of the offense.   H.B. 549 establishes an affirmative defense to the prosecution for these offenses if the actor was the spouse of the child at the time of the offense.       RULEMAKING AUTHORITY   It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.      ANALYSIS   H.B. 549 amends the Penal Code to establish an affirmative defense to prosecution for an offense of indecency with a child and an offense of sexual assault of a child if the actor was the spouse of the child at the time of the offense. The bill establishes an affirmative defense to prosecution for an offense of engaging in an improper relationship between an educator and a student if the actor was the spouse of the enrolled person at the time of the offense. The bill establishes an affirmative defense to prosecution for an offense relating to improper sexual activity with a person under the supervision of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department if the actor was the spouse of the individual at the time of the offense.      EFFECTIVE DATE   September 1, 2009.       

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 549
By: Raymond
Criminal Jurisprudence
Committee Report (Unamended)

H.B. 549

By: Raymond

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE   Currently, it is not an affirmative defense to prosecution for an offense of indecency with a child, an offense of sexual assault of a child, an offense of engaging in an improper relationship between an educator and a student, or an offense relating to improper sexual activity with a person under the supervision of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department that the actor was the spouse of the child at the time of the offense.   H.B. 549 establishes an affirmative defense to the prosecution for these offenses if the actor was the spouse of the child at the time of the offense.
RULEMAKING AUTHORITY   It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS   H.B. 549 amends the Penal Code to establish an affirmative defense to prosecution for an offense of indecency with a child and an offense of sexual assault of a child if the actor was the spouse of the child at the time of the offense. The bill establishes an affirmative defense to prosecution for an offense of engaging in an improper relationship between an educator and a student if the actor was the spouse of the enrolled person at the time of the offense. The bill establishes an affirmative defense to prosecution for an offense relating to improper sexual activity with a person under the supervision of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department if the actor was the spouse of the individual at the time of the offense.
EFFECTIVE DATE   September 1, 2009.

BACKGROUND AND PURPOSE

 

Currently, it is not an affirmative defense to prosecution for an offense of indecency with a child, an offense of sexual assault of a child, an offense of engaging in an improper relationship between an educator and a student, or an offense relating to improper sexual activity with a person under the supervision of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department that the actor was the spouse of the child at the time of the offense.

 

H.B. 549 establishes an affirmative defense to the prosecution for these offenses if the actor was the spouse of the child at the time of the offense. 



RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.



ANALYSIS

 

H.B. 549 amends the Penal Code to establish an affirmative defense to prosecution for an offense of indecency with a child and an offense of sexual assault of a child if the actor was the spouse of the child at the time of the offense. The bill establishes an affirmative defense to prosecution for an offense of engaging in an improper relationship between an educator and a student if the actor was the spouse of the enrolled person at the time of the offense. The bill establishes an affirmative defense to prosecution for an offense relating to improper sexual activity with a person under the supervision of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department if the actor was the spouse of the individual at the time of the offense.



EFFECTIVE DATE

 

September 1, 2009.