85R25015 BEE-F
By: Neave H.B. No. 4015
Substitute the following for H.B. No. 4015:
By: Moody C.S.H.B. No. 4015
A BILL TO BE ENTITLED
AN ACT
relating to criminal offenses regarding the consumption or
possession of alcoholic beverages by a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.04, Alcoholic Beverage Code, is
amended by adding Subsections (f), (g), and (h) to read as follows:
(f) Except as provided by Subsection (g), Subsection (a)
does not apply to a minor who reports the sexual assault of the
minor or another person, or is the victim of a sexual assault
reported by another person, to:
(1) a health care provider treating the victim of the
sexual assault;
(2) an employee of a law enforcement agency, including
an employee of a campus police department of an institution of
higher education; or
(3) the Title IX coordinator of an institution of
higher education or another employee of the institution responsible
for responding to reports of sexual assault.
(g) A minor is entitled to raise the defense provided by
Subsection (f) in the prosecution of an offense under this section
only if the minor is in violation of this section at the time of the
commission of a sexual assault that is:
(1) reported by the minor under Subsection (f); or
(2) committed against the minor and reported by
another person under Subsection (f).
(h) A minor who commits a sexual assault that is reported
under Subsection (f) is not entitled to raise the defense provided
by Subsection (f) in the prosecution of the minor for an offense
under this section.
SECTION 2. Section 106.05, Alcoholic Beverage Code, is
amended by adding Subsections (e), (f), and (g) to read as follows:
(e) Except as provided by Subsection (f), Subsection (a)
does not apply to a minor who reports the sexual assault of the
minor or another person, or is the victim of a sexual assault
reported by another person, to:
(1) a health care provider treating the victim of the
sexual assault;
(2) an employee of a law enforcement agency, including
an employee of a campus police department of an institution of
higher education; or
(3) the Title IX coordinator of an institution of
higher education or another employee of the institution responsible
for responding to reports of sexual assault.
(f) A minor is entitled to raise the defense provided by
Subsection (e) in the prosecution of an offense under this section
only if the minor is in violation of this section at the time of the
commission of a sexual assault that is:
(1) reported by the minor under Subsection (e); or
(2) committed against the minor and reported by
another person under Subsection (e).
(g) A minor who commits a sexual assault that is reported
under Subsection (e) is not entitled to raise the defense provided
by Subsection (e) in the prosecution of the minor for an offense
under this section.
SECTION 3. 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 4. This Act takes effect September 1, 2017.