85R2164 KJE-F
By: González of El Paso H.B. No. 331
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of indecency with a child
and the duty of certain professionals to report that offense and to
instruction in school districts regarding consent in sexual
relationships.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.004, Education Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) The agency shall develop and post on the agency's
Internet website instructional materials on consent in sexual
relationships that may be used by a school district as part of the
district's human sexuality instruction.
SECTION 2. Section 261.101, Family Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) A professional is not required to make a report under
Subsection (b) concerning information received by the professional
that a child has been a victim of an offense under Section 21.11,
Penal Code, if the professional has cause to believe that the
affirmative defense to prosecution under Section 21.11(b), Penal
Code, applies to the conduct.
SECTION 3. Section 21.11(b), Penal Code, is amended to read
as follows:
(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than three years older than the victim
[and of the opposite sex];
(2) did not use duress, force, or a threat against the
victim at the time of the offense; [and]
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section; and
(4) was not at the time of the offense in a supervisory
position over the victim by virtue of participation by the victim
and the actor in an athletic, civic, cultural, religious, or youth
camp activity.
SECTION 4. The change in law made by this Act applies to an
offense committed on or after the effective date of this Act and to
any criminal action pending on the effective date of this Act for an
offense committed before that effective date. A final conviction
for an offense under Section 21.11, Penal Code, that exists on the
effective date of this Act is unaffected by this Act.
SECTION 5. This Act takes effect September 1, 2017.