BILL ANALYSIS H.B. 71 By: Gonzlez, Mary Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties point to an inconsistency in state law relating to an affirmative defense for indecency with a child, known to some as the Romeo and Juliet defense. These parties contend that the inconsistency establishes a direct and specific inequality in protection from extremely harsh punishment for some of the children who are affected by the law. Adolescents who are convicted of indecency with a child can be sent to jail and required to register as a sex offender, a requirement that may have a lifelong impact. H.B. 71 seeks to address this issue by revising provisions relating to the offense of indecency with a child. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 71 amends the Penal Code to remove from the affirmative defense to prosecution for indecency with a child in which the actor was not more than three years older than the victim the condition that the actor was of the opposite sex. EFFECTIVE DATE September 1, 2015.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 71
By: Gonzlez, Mary
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 71
By: Gonzlez, Mary
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties point to an inconsistency in state law relating to an affirmative defense for indecency with a child, known to some as the Romeo and Juliet defense. These parties contend that the inconsistency establishes a direct and specific inequality in protection from extremely harsh punishment for some of the children who are affected by the law. Adolescents who are convicted of indecency with a child can be sent to jail and required to register as a sex offender, a requirement that may have a lifelong impact. H.B. 71 seeks to address this issue by revising provisions relating to the offense of indecency with a child.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 71 amends the Penal Code to remove from the affirmative defense to prosecution for indecency with a child in which the actor was not more than three years older than the victim the condition that the actor was of the opposite sex.
EFFECTIVE DATE September 1, 2015.
BACKGROUND AND PURPOSE
Interested parties point to an inconsistency in state law relating to an affirmative defense for indecency with a child, known to some as the Romeo and Juliet defense. These parties contend that the inconsistency establishes a direct and specific inequality in protection from extremely harsh punishment for some of the children who are affected by the law. Adolescents who are convicted of indecency with a child can be sent to jail and required to register as a sex offender, a requirement that may have a lifelong impact. H.B. 71 seeks to address this issue by revising provisions relating to the offense of indecency with a child.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 71 amends the Penal Code to remove from the affirmative defense to prosecution for indecency with a child in which the actor was not more than three years older than the victim the condition that the actor was of the opposite sex.
EFFECTIVE DATE
September 1, 2015.