Texas 2017 - 85th Regular

Texas Senate Bill SB966 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Watson, et al. S.B. No. 966
2		-	(Neave)
	1	+	S.B. No. 966
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to criminal offenses regarding the consumption or
8	6		possession of alcoholic beverages by a minor.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 106.04, Alcoholic Beverage Code, is
11	9		amended by adding Subsections (f), (g), and (h) to read as follows:
12	10		(f) Except as provided by Subsection (g), Subsection (a)
13	11		does not apply to a minor who reports the sexual assault of the
14	12		minor or another person, or is the victim of a sexual assault
15	13		reported by another person, to:
16	14		(1) a health care provider treating the victim of the
17	15		sexual assault;
18	16		(2) an employee of a law enforcement agency, including
19	17		an employee of a campus police department of an institution of
20	18		higher education; or
21	19		(3) the Title IX coordinator of an institution of
22	20		higher education or another employee of the institution responsible
23	21		for responding to reports of sexual assault.
24	22		(g) A minor is entitled to raise the defense provided by
25	23		Subsection (f) in the prosecution of an offense under this section
26	24		only if the minor is in violation of this section at the time of the
27	25		commission of a sexual assault that is:
28	26		(1) reported by the minor under Subsection (f); or
29	27		(2) committed against the minor and reported by
30	28		another person under Subsection (f).
31	29		(h) A minor who commits a sexual assault that is reported
32	30		under Subsection (f) is not entitled to raise the defense provided
33	31		by Subsection (f) in the prosecution of the minor for an offense
34	32		under this section.
35	33		SECTION 2. Section 106.05, Alcoholic Beverage Code, is
36	34		amended by adding Subsections (e), (f), and (g) to read as follows:
37	35		(e) Except as provided by Subsection (f), Subsection (a)
38	36		does not apply to a minor who reports the sexual assault of the
39	37		minor or another person, or is the victim of a sexual assault
40	38		reported by another person, to:
41	39		(1) a health care provider treating the victim of the
42	40		sexual assault;
43	41		(2) an employee of a law enforcement agency, including
44	42		an employee of a campus police department of an institution of
45	43		higher education; or
46	44		(3) the Title IX coordinator of an institution of
47	45		higher education or another employee of the institution responsible
48	46		for responding to reports of sexual assault.
49	47		(f) A minor is entitled to raise the defense provided by
50	48		Subsection (e) in the prosecution of an offense under this section
51	49		only if the minor is in violation of this section at the time of the
52	50		commission of a sexual assault that is:
53	51		(1) reported by the minor under Subsection (e); or
54	52		(2) committed against the minor and reported by
55	53		another person under Subsection (e).
56	54		(g) A minor who commits a sexual assault that is reported
57	55		under Subsection (e) is not entitled to raise the defense provided
58	56		by Subsection (e) in the prosecution of the minor for an offense
59	57		under this section.
60	58		SECTION 3. The change in law made by this Act applies only
61	59		to an offense committed on or after the effective date of this Act.
62	60		An offense committed before the effective date of this Act is
63	61		governed by the law in effect on the date the offense was committed,
64	62		and the former law is continued in effect for that purpose. For
65	63		purposes of this section, an offense was committed before the
66	64		effective date of this Act if any element of the offense occurred
67	65		before that date.
68	66		SECTION 4. This Act takes effect September 1, 2017.
	67	+	______________________________ ______________________________
	68	+	President of the Senate Speaker of the House
	69	+	I hereby certify that S.B. No. 966 passed the Senate on
	70	+	April 26, 2017, by the following vote: Yeas 31, Nays 0.
	71	+	______________________________
	72	+	Secretary of the Senate
	73	+	I hereby certify that S.B. No. 966 passed the House on
	74	+	May 19, 2017, by the following vote: Yeas 143, Nays 0, one
	75	+	present not voting.
	76	+	______________________________
	77	+	Chief Clerk of the House
	78	+	Approved:
	79	+	______________________________
	80	+	Date
	81	+	______________________________
	82	+	Governor