84R4508 JRR-F
By: Sheets H.B. No. 1342
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of sexual assault
committed against certain victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.011(e), Penal Code, is amended to
read as follows:
(e) It is an affirmative defense to prosecution under
Subsection (a)(2):
(1) that the actor was the spouse of the child at the
time of the offense; or
(2) that:
(A) the actor was not more than three years older
than the victim and at the time of the offense:
(i) was not required under Chapter 62, Code
of Criminal Procedure, to register for life as a sex offender; or
(ii) was not a person who under Chapter 62,
Code of Criminal Procedure, had a reportable conviction or
adjudication for an offense under this section; and
(B) the victim:
(i) was a child of 14 years of age or older;
[and]
(ii) was not a person whom the actor was
prohibited from marrying or purporting to marry or with whom the
actor was prohibited from living under the appearance of being
married under Section 25.01; and
(iii) was not physically unable to resist
as a result of alcohol or another impairing substance that the actor
provided to the victim.
SECTION 2. 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 3. This Act takes effect September 1, 2015.