| 1 | 1 | | 86R13258 MAW-D |
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| 2 | 2 | | By: Dutton H.B. No. 2343 |
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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 an affirmative defense available to certain students |
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| 8 | 8 | | enrolled in grade level nine or above who engage in prohibited |
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| 9 | 9 | | sexual contact with another student at or above that grade level. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21.11(b), Penal Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (b) It is an affirmative defense to prosecution under this |
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| 14 | 14 | | section that the actor: |
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| 15 | 15 | | (1) was [not more than three years older than the |
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| 16 | 16 | | victim and] of the opposite sex and not more than three years older |
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| 17 | 17 | | than the victim, or not more than five years older if both the actor |
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| 18 | 18 | | and victim were enrolled in a public or private school in grade |
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| 19 | 19 | | level nine or above at the time of the offense; |
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| 20 | 20 | | (2) did not use duress, force, or a threat against the |
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| 21 | 21 | | victim at the time of the offense; and |
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| 22 | 22 | | (3) at the time of the offense: |
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| 23 | 23 | | (A) was not required under Chapter 62, Code of |
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| 24 | 24 | | Criminal Procedure, to register for life as a sex offender; or |
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| 25 | 25 | | (B) was not a person who under Chapter 62 had a |
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| 26 | 26 | | reportable conviction or adjudication for an offense under this |
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| 27 | 27 | | section. |
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| 28 | 28 | | SECTION 2. Section 22.011(e), Penal Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | (e) It is an affirmative defense to prosecution under |
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| 31 | 31 | | Subsection (a)(2): |
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| 32 | 32 | | (1) that the actor was the spouse of the child at the |
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| 33 | 33 | | time of the offense; or |
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| 34 | 34 | | (2) that: |
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| 35 | 35 | | (A) the actor was not more than three years older |
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| 36 | 36 | | than the victim, or not more than five years older if both the actor |
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| 37 | 37 | | and victim were enrolled in a public or private school in grade |
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| 38 | 38 | | level nine or above at the time of the offense, and at the time of |
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| 39 | 39 | | the offense: |
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| 40 | 40 | | (i) was not required under Chapter 62, Code |
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| 41 | 41 | | of Criminal Procedure, to register for life as a sex offender; or |
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| 42 | 42 | | (ii) was not a person who under Chapter 62, |
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| 43 | 43 | | Code of Criminal Procedure, had a reportable conviction or |
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| 44 | 44 | | adjudication for an offense under this section; and |
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| 45 | 45 | | (B) the victim: |
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| 46 | 46 | | (i) was a child of 14 years of age or older; |
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| 47 | 47 | | and |
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| 48 | 48 | | (ii) was not a person whom the actor was |
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| 49 | 49 | | prohibited from marrying or purporting to marry or with whom the |
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| 50 | 50 | | actor was prohibited from living under the appearance of being |
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| 51 | 51 | | married under Section 25.01. |
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| 52 | 52 | | SECTION 3. The change in law made by this Act applies only |
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| 53 | 53 | | to an offense committed on or after the effective date of this Act. |
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| 54 | 54 | | An offense committed before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect at the time of the offense, and the |
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| 56 | 56 | | former law is continued in effect for that purpose. For purposes of |
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| 57 | 57 | | this section, an offense was committed before the effective date of |
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| 58 | 58 | | this Act if any element of the offense occurred before that date. |
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| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2019. |
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