| 1 | 1 | | 85R2164 KJE-F |
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| 2 | 2 | | By: González of El Paso H.B. No. 331 |
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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 indecency with a child |
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| 8 | 8 | | and the duty of certain professionals to report that offense and to |
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| 9 | 9 | | instruction in school districts regarding consent in sexual |
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| 10 | 10 | | relationships. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 28.004, Education Code, is amended by |
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| 13 | 13 | | adding Subsection (e-1) to read as follows: |
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| 14 | 14 | | (e-1) The agency shall develop and post on the agency's |
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| 15 | 15 | | Internet website instructional materials on consent in sexual |
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| 16 | 16 | | relationships that may be used by a school district as part of the |
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| 17 | 17 | | district's human sexuality instruction. |
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| 18 | 18 | | SECTION 2. Section 261.101, Family Code, is amended by |
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| 19 | 19 | | adding Subsection (b-2) to read as follows: |
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| 20 | 20 | | (b-2) A professional is not required to make a report under |
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| 21 | 21 | | Subsection (b) concerning information received by the professional |
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| 22 | 22 | | that a child has been a victim of an offense under Section 21.11, |
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| 23 | 23 | | Penal Code, if the professional has cause to believe that the |
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| 24 | 24 | | affirmative defense to prosecution under Section 21.11(b), Penal |
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| 25 | 25 | | Code, applies to the conduct. |
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| 26 | 26 | | SECTION 3. Section 21.11(b), Penal Code, is amended to read |
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| 27 | 27 | | as follows: |
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| 28 | 28 | | (b) It is an affirmative defense to prosecution under this |
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| 29 | 29 | | section that the actor: |
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| 30 | 30 | | (1) was not more than three years older than the victim |
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| 31 | 31 | | [and of the opposite sex]; |
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| 32 | 32 | | (2) did not use duress, force, or a threat against the |
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| 33 | 33 | | victim at the time of the offense; [and] |
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| 34 | 34 | | (3) at the time of the offense: |
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| 35 | 35 | | (A) was not required under Chapter 62, Code of |
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| 36 | 36 | | Criminal Procedure, to register for life as a sex offender; or |
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| 37 | 37 | | (B) was not a person who under Chapter 62 had a |
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| 38 | 38 | | reportable conviction or adjudication for an offense under this |
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| 39 | 39 | | section; and |
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| 40 | 40 | | (4) was not at the time of the offense in a supervisory |
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| 41 | 41 | | position over the victim by virtue of participation by the victim |
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| 42 | 42 | | and the actor in an athletic, civic, cultural, religious, or youth |
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| 43 | 43 | | camp activity. |
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| 44 | 44 | | SECTION 4. The change in law made by this Act applies to an |
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| 45 | 45 | | offense committed on or after the effective date of this Act and to |
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| 46 | 46 | | any criminal action pending on the effective date of this Act for an |
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| 47 | 47 | | offense committed before that effective date. A final conviction |
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| 48 | 48 | | for an offense under Section 21.11, Penal Code, that exists on the |
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| 49 | 49 | | effective date of this Act is unaffected by this Act. |
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| 50 | 50 | | SECTION 5. This Act takes effect September 1, 2017. |
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