83R18193 ADM-F
By: King of Taylor H.B. No. 1010
Substitute the following for H.B. No. 1010:
By: Herrero C.S.H.B. No. 1010
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for causing certain assaultive physical
contact with a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that legislative action is
necessary to prevent, deter, and punish inappropriate physical
contact of children by adults that is:
(1) specifically intended to harm a child emotionally
and sexually; and
(2) does not otherwise qualify as prohibited sexual
conduct under current criminal law.
SECTION 2. Section 22.01, Penal Code, is amended by adding
Subsections (a-1), (c-1), and (c-2) and amending Subsection (c) to
read as follows:
(a-1) A person who is 17 years of age or older commits an
offense if:
(1) the person intentionally or knowingly causes
physical contact with a child; and
(2) a reasonable person would regard that contact as:
(A) offensive and sexual in nature; and
(B) likely to precede sexual conduct that is
prohibited under Chapter 21 or 22.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual[, as those terms are defined by Section 22.04]; or
(2) a Class B misdemeanor if the offense is committed
by a person who is not a sports participant against a person the
actor knows is a sports participant either:
(A) while the participant is performing duties or
responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the
participant's performance of a duty or responsibility within the
participant's capacity as a sports participant.
(c-1) An offense under Subsection (a-1) is a Class A
misdemeanor.
(c-2) The affirmative defense provided by Section 22.011(e)
applies to an offense under Subsection (a-1).
SECTION 3. Section 22.01(e), Penal Code, is amended by
adding Subdivision (2) to read as follows:
(2) "Child," "disabled individual," and "elderly
individual" have the meanings assigned by Section 22.04.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2013.