| 1 | 1 | | By: Burkett (Senate Sponsor - Deuell) H.B. No. 1344 |
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| 2 | 2 | | (In the Senate - Received from the House April 11, 2011; |
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| 3 | 3 | | April 14, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Criminal Justice; May 9, 2011, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; May 9, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to certain defenses to prosecution for the offense of |
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| 11 | 11 | | sale, distribution, or display of harmful material to a minor. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 43.24, Penal Code, is amended by |
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| 14 | 14 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | (c) It is an affirmative [a] defense to prosecution under |
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| 17 | 17 | | this section that[: |
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| 18 | 18 | | [(1)] the sale, distribution, or exhibition was by a |
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| 19 | 19 | | person having scientific, educational, governmental, or other |
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| 20 | 20 | | similar justification[; or |
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| 21 | 21 | | [(2) the sale, distribution, or exhibition was to a |
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| 22 | 22 | | minor who was accompanied by a consenting parent, guardian, or |
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| 23 | 23 | | spouse]. |
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| 24 | 24 | | (c-1) It is a defense to prosecution under this section that |
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| 25 | 25 | | the actor was the spouse of the minor at the time of the offense. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to an offense committed on or after the effective date of this Act. |
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| 28 | 28 | | An offense committed before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect at the time the offense was committed, |
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| 30 | 30 | | and the former law is continued in effect for that purpose. For |
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| 31 | 31 | | purposes of this section, an offense was committed before the |
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| 32 | 32 | | effective date of this Act if any element of the offense was |
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| 33 | 33 | | committed before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 35 | 35 | | * * * * * |
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