Texas 2009 - 81st Regular

Texas House Bill HB549 Compare Versions

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Old	New	Differences
1	1	H.B. No. 549
2	2
3	3
4	4	AN ACT
5	5	relating to an affirmative defense to prosecution for certain sex
6	6	offenses.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 21.11, Penal Code, is amended by
9	9	amending Subsection (a) and adding Subsection (b-1) to read as
10	10	follows:
11	11	(a) A person commits an offense if, with a child younger
12	12	than 17 years of age [and not the person's spouse], whether the
13	13	child is of the same or opposite sex, the person:
14	14	(1) engages in sexual contact with the child or causes
15	15	the child to engage in sexual contact; or
16	16	(2) with intent to arouse or gratify the sexual desire
17	17	of any person:
18	18	(A) exposes the person's anus or any part of the
19	19	person's genitals, knowing the child is present; or
20	20	(B) causes the child to expose the child's anus
21	21	or any part of the child's genitals.
22	22	(b-1) It is an affirmative defense to prosecution under this
23	23	section that the actor was the spouse of the child at the time of
24	24	the offense.
25	25	SECTION 2. Section 21.12, Penal Code, is amended by
26	26	amending Subsection (a) and adding Subsection (b-1) to read as
27	27	follows:
28	28	(a) An employee of a public or private primary or secondary
29	29	school commits an offense if the employee engages in:
30	30	(1) sexual contact, sexual intercourse, or deviate
31	31	sexual intercourse with a person who is enrolled in a public or
32	32	private primary or secondary school at which the employee works
33	33	[and who is not the employee's spouse]; or
34	34	(2) conduct described by Section 33.021, with a person
35	35	described by Subdivision (1), regardless of the age of that person.
36	36	(b-1) It is an affirmative defense to prosecution under this
37	37	section that the actor was the spouse of the enrolled person at the
38	38	time of the offense.
39	39	SECTION 3. Section 22.011(c)(1), Penal Code, is amended to
40	40	read as follows:
41	41	(1) "Child" means a person younger than 17 years of age
42	42	[who is not the spouse of the actor].
43	43	SECTION 4. Section 22.011(e), Penal Code, is amended to
44	44	read as follows:
45	45	(e) It is an affirmative defense to prosecution under
46	46	Subsection (a)(2):
47	47	(1) that the actor was the spouse of the child at the
48	48	time of the offense; or
49	49	(2) that:
50	50	(A) [(1)] the actor was not more than three years
51	51	older than the victim and at the time of the offense:
52	52	(i) [(A)] was not required under Chapter
53	53	62, Code of Criminal Procedure, to register for life as a sex
54	54	offender; or
55	55	(ii) [(B)] was not a person who under
56	56	Chapter 62, Code of Criminal Procedure, had a reportable conviction
57	57	or adjudication for an offense under this section; and
58	58	(B) [(2)] the victim:
59	59	(i) [(A)] was a child of 14 years of age or
60	60	older; and
61	61	(ii) [(B)] was not a person whom the actor
62	62	was prohibited from marrying or purporting to marry or with whom the
63	63	actor was prohibited from living under the appearance of being
64	64	married under Section 25.01.
65	65	SECTION 5. Section 39.04, Penal Code, is amended by
66	66	amending Subsection (f) and adding Subsection (h) to read as
67	67	follows:
68	68	(f) An employee of the Texas Department of Criminal Justice,
69	69	the Texas Youth Commission, or a local juvenile probation
70	70	department commits an offense if the employee engages in sexual
71	71	contact, sexual intercourse, or deviate sexual intercourse with an
72	72	individual [who is not the employee's spouse and] who the employee
73	73	knows is under the supervision of the department, commission, or
74	74	probation department but not in the custody of the department,
75	75	commission, or probation department.
76	76	(h) It is an affirmative defense to prosecution under
77	77	Subsection (f) that the actor was the spouse of the individual at
78	78	the time of the offense.
79	79	SECTION 6. The change in law made by this Act applies only
80	80	to an offense committed on or after the effective date of this Act.
81	81	An offense committed before the effective date of this Act is
82	82	covered by the law in effect when the offense was committed, and the
83	83	former law is continued in effect for that purpose. For purposes of
84	84	this section, an offense was committed before the effective date of
85	85	this Act if any element of the offense occurred before that date.
86	86	SECTION 7. This Act takes effect September 1, 2009.
87	87	______________________________ ______________________________
88	88	President of the Senate Speaker of the House
89	89	I certify that H.B. No. 549 was passed by the House on April
90	90	24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
91	91	voting.
92	92	______________________________
93	93	Chief Clerk of the House
94	94	I certify that H.B. No. 549 was passed by the Senate on May
95	95	18, 2009, by the following vote: Yeas 31, Nays 0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	APPROVED: _____________________
99	99	Date
100	100	_____________________
101	101	Governor