| 1 | 1 | | 83R18193 ADM-F |
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| 2 | 2 | | By: King of Taylor H.B. No. 1010 |
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| 3 | 3 | | Substitute the following for H.B. No. 1010: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1010 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the penalty for causing certain assaultive physical |
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| 10 | 10 | | contact with a child. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The legislature finds that legislative action is |
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| 13 | 13 | | necessary to prevent, deter, and punish inappropriate physical |
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| 14 | 14 | | contact of children by adults that is: |
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| 15 | 15 | | (1) specifically intended to harm a child emotionally |
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| 16 | 16 | | and sexually; and |
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| 17 | 17 | | (2) does not otherwise qualify as prohibited sexual |
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| 18 | 18 | | conduct under current criminal law. |
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| 19 | 19 | | SECTION 2. Section 22.01, Penal Code, is amended by adding |
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| 20 | 20 | | Subsections (a-1), (c-1), and (c-2) and amending Subsection (c) to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (a-1) A person who is 17 years of age or older commits an |
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| 23 | 23 | | offense if: |
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| 24 | 24 | | (1) the person intentionally or knowingly causes |
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| 25 | 25 | | physical contact with a child; and |
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| 26 | 26 | | (2) a reasonable person would regard that contact as: |
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| 27 | 27 | | (A) offensive and sexual in nature; and |
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| 28 | 28 | | (B) likely to precede sexual conduct that is |
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| 29 | 29 | | prohibited under Chapter 21 or 22. |
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| 30 | 30 | | (c) An offense under Subsection (a)(2) or (3) is a Class C |
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| 31 | 31 | | misdemeanor, except that the offense is: |
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| 32 | 32 | | (1) a Class A misdemeanor if the offense is committed |
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| 33 | 33 | | under Subsection (a)(3) against an elderly individual or disabled |
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| 34 | 34 | | individual[, as those terms are defined by Section 22.04]; or |
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| 35 | 35 | | (2) a Class B misdemeanor if the offense is committed |
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| 36 | 36 | | by a person who is not a sports participant against a person the |
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| 37 | 37 | | actor knows is a sports participant either: |
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| 38 | 38 | | (A) while the participant is performing duties or |
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| 39 | 39 | | responsibilities in the participant's capacity as a sports |
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| 40 | 40 | | participant; or |
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| 41 | 41 | | (B) in retaliation for or on account of the |
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| 42 | 42 | | participant's performance of a duty or responsibility within the |
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| 43 | 43 | | participant's capacity as a sports participant. |
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| 44 | 44 | | (c-1) An offense under Subsection (a-1) is a Class A |
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| 45 | 45 | | misdemeanor. |
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| 46 | 46 | | (c-2) The affirmative defense provided by Section 22.011(e) |
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| 47 | 47 | | applies to an offense under Subsection (a-1). |
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| 48 | 48 | | SECTION 3. Section 22.01(e), Penal Code, is amended by |
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| 49 | 49 | | adding Subdivision (2) to read as follows: |
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| 50 | 50 | | (2) "Child," "disabled individual," and "elderly |
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| 51 | 51 | | individual" have the meanings assigned by Section 22.04. |
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| 52 | 52 | | SECTION 4. The change in law made by this Act applies only |
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| 53 | 53 | | to an offense committed on or after the effective date of this Act. |
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| 54 | 54 | | An offense committed before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect on the date the offense was committed, |
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| 56 | 56 | | and the former law is continued in effect for that purpose. For |
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| 57 | 57 | | purposes of this section, an offense was committed before the |
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| 58 | 58 | | effective date of this Act if any element of the offense occurred |
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| 59 | 59 | | before that date. |
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| 60 | 60 | | SECTION 5. This Act takes effect September 1, 2013. |
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