| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 85R6072 BEE-F | |
| 2 | 2 | By: Neave H.B. No. 4015 | |
| 3 | - | Substitute the following for H.B. No. 4015: | |
| 4 | - | By: Moody C.S.H.B. No. 4015 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to criminal offenses regarding the consumption or | |
| 10 | 8 | possession of alcoholic beverages by a minor. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Section 106.04, Alcoholic Beverage Code, is | |
| 13 | - | amended by adding Subsections (f), (g), and (h) to read as follows: | |
| 14 | - | (f) Except as provided by Subsection (g), Subsection (a) | |
| 15 | - | does not apply to a minor who reports the sexual assault of the | |
| 16 | - | minor or another person, or is the victim of a sexual assault | |
| 17 | - | reported by another person, to: | |
| 11 | + | amended by adding Subsection (f) to read as follows: | |
| 12 | + | (f) Subsection (a) does not apply to a minor who reports the | |
| 13 | + | sexual assault of the minor or another person to: | |
| 18 | 14 | (1) a health care provider treating the victim of the | |
| 19 | 15 | sexual assault; | |
| 20 | 16 | (2) an employee of a law enforcement agency, including | |
| 21 | 17 | an employee of a campus police department of an institution of | |
| 22 | - | higher education; or | |
| 18 | + | higher education at which the victim of the sexual assault is | |
| 19 | + | enrolled; or | |
| 23 | 20 | (3) the Title IX coordinator of an institution of | |
| 24 | - | higher education or another employee of the institution responsible | |
| 25 | - | for responding to reports of sexual assault. | |
| 26 | - | (g) A minor is entitled to raise the defense provided by | |
| 27 | - | Subsection (f) in the prosecution of an offense under this section | |
| 28 | - | only if the minor is in violation of this section at the time of the | |
| 29 | - | commission of a sexual assault that is: | |
| 30 | - | (1) reported by the minor under Subsection (f); or | |
| 31 | - | (2) committed against the minor and reported by | |
| 32 | - | another person under Subsection (f). | |
| 33 | - | (h) A minor who commits a sexual assault that is reported | |
| 34 | - | under Subsection (f) is not entitled to raise the defense provided | |
| 35 | - | by Subsection (f) in the prosecution of the minor for an offense | |
| 36 | - | under this section. | |
| 21 | + | higher education at which the victim of the sexual assault is | |
| 22 | + | enrolled or another employee of the institution responsible for | |
| 23 | + | responding to reports of sexual assault. | |
| 37 | 24 | SECTION 2. Section 106.05, Alcoholic Beverage Code, is | |
| 38 | - | amended by adding Subsections (e), (f), and (g) to read as follows: | |
| 39 | - | (e) Except as provided by Subsection (f), Subsection (a) | |
| 40 | - | does not apply to a minor who reports the sexual assault of the | |
| 41 | - | minor or another person, or is the victim of a sexual assault | |
| 42 | - | reported by another person, to: | |
| 25 | + | amended by adding Subsection (e) to read as follows: | |
| 26 | + | (e) Subsection (a) does not apply to a minor who reports the | |
| 27 | + | sexual assault of the minor or another person to: | |
| 43 | 28 | (1) a health care provider treating the victim of the | |
| 44 | 29 | sexual assault; | |
| 45 | 30 | (2) an employee of a law enforcement agency, including | |
| 46 | 31 | an employee of a campus police department of an institution of | |
| 47 | - | higher education; or | |
| 32 | + | higher education at which the victim of the sexual assault is | |
| 33 | + | enrolled; or | |
| 48 | 34 | (3) the Title IX coordinator of an institution of | |
| 49 | - | higher education or another employee of the institution responsible | |
| 50 | - | for responding to reports of sexual assault. | |
| 51 | - | (f) A minor is entitled to raise the defense provided by | |
| 52 | - | Subsection (e) in the prosecution of an offense under this section | |
| 53 | - | only if the minor is in violation of this section at the time of the | |
| 54 | - | commission of a sexual assault that is: | |
| 55 | - | (1) reported by the minor under Subsection (e); or | |
| 56 | - | (2) committed against the minor and reported by | |
| 57 | - | another person under Subsection (e). | |
| 58 | - | (g) A minor who commits a sexual assault that is reported | |
| 59 | - | under Subsection (e) is not entitled to raise the defense provided | |
| 60 | - | by Subsection (e) in the prosecution of the minor for an offense | |
| 61 | - | under this section. | |
| 35 | + | higher education at which the victim of the sexual assault is | |
| 36 | + | enrolled or another employee of the institution responsible for | |
| 37 | + | responding to reports of sexual assault. | |
| 62 | 38 | SECTION 3. The change in law made by this Act applies only | |
| 63 | 39 | to an offense committed on or after the effective date of this Act. | |
| 64 | 40 | An offense committed before the effective date of this Act is | |
| 65 | 41 | governed by the law in effect on the date the offense was committed, | |
| 66 | 42 | and the former law is continued in effect for that purpose. For | |
| 67 | 43 | purposes of this section, an offense was committed before the | |
| 68 | 44 | effective date of this Act if any element of the offense occurred | |
| 69 | 45 | before that date. | |
| 70 | 46 | SECTION 4. This Act takes effect September 1, 2017. |