| 1 | 1 | | 84R4508 JRR-F |
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| 2 | 2 | | By: Sheets H.B. No. 1342 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the offense of sexual assault |
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| 8 | 8 | | committed against certain victims. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 22.011(e), Penal Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (e) It is an affirmative defense to prosecution under |
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| 13 | 13 | | Subsection (a)(2): |
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| 14 | 14 | | (1) that the actor was the spouse of the child at the |
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| 15 | 15 | | time of the offense; or |
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| 16 | 16 | | (2) that: |
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| 17 | 17 | | (A) the actor was not more than three years older |
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| 18 | 18 | | than the victim and at the time of the offense: |
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| 19 | 19 | | (i) was not required under Chapter 62, Code |
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| 20 | 20 | | of Criminal Procedure, to register for life as a sex offender; or |
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| 21 | 21 | | (ii) was not a person who under Chapter 62, |
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| 22 | 22 | | Code of Criminal Procedure, had a reportable conviction or |
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| 23 | 23 | | adjudication for an offense under this section; and |
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| 24 | 24 | | (B) the victim: |
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| 25 | 25 | | (i) was a child of 14 years of age or older; |
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| 26 | 26 | | [and] |
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| 27 | 27 | | (ii) was not a person whom the actor was |
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| 28 | 28 | | prohibited from marrying or purporting to marry or with whom the |
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| 29 | 29 | | actor was prohibited from living under the appearance of being |
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| 30 | 30 | | married under Section 25.01; and |
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| 31 | 31 | | (iii) was not physically unable to resist |
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| 32 | 32 | | as a result of alcohol or another impairing substance that the actor |
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| 33 | 33 | | provided to the victim. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to an offense committed on or after the effective date of this Act. |
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| 36 | 36 | | An offense committed before the effective date of this Act is |
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| 37 | 37 | | governed by the law in effect on the date the offense was committed, |
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| 38 | 38 | | and the former law is continued in effect for that purpose. For |
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| 39 | 39 | | purposes of this section, an offense was committed before the |
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| 40 | 40 | | effective date of this Act if any element of the offense occurred |
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| 41 | 41 | | before that date. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2015. |
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