| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 86R30147 JCG-F | |
| 2 | - | By: Cain, Miller, Anderson, et al. H.B. No. 3135 | |
| 3 | - | Substitute the following for H.B. No. 3135: | |
| 4 | - | By: King of Parker C.S.H.B. No. 3135 | |
| 1 | + | 86R14687 JCG-F | |
| 2 | + | By: Cain H.B. No. 3135 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to affirmative defenses to prosecution for certain | |
| 10 | 8 | offenses involving material or conduct that is obscene or otherwise | |
| 11 | 9 | harmful to children. | |
| 12 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | - | SECTION 1. Section 43.24(c), Penal Code, is amended to read | |
| 14 | - | as follows: | |
| 15 | - | (c) It is an affirmative defense to prosecution under this | |
| 16 | - | section that the sale, distribution, or exhibition was by a person | |
| 17 | - | having a bona fide judicial, law enforcement, or legislative | |
| 18 | - | [scientific, educational, governmental, or other similar] | |
| 19 | - | justification. | |
| 20 | - | SECTION 2. Section 43.25(f), Penal Code, is amended to read | |
| 11 | + | SECTION 1. Section 43.25(f), Penal Code, is amended to read | |
| 21 | 12 | as follows: | |
| 22 | 13 | (f) It is an affirmative defense to a prosecution under this | |
| 23 | 14 | section that: | |
| 24 | 15 | (1) the defendant was the spouse of the child at the | |
| 25 | 16 | time of the offense; | |
| 26 | 17 | (2) the conduct was for a bona fide [educational, | |
| 27 | - | medical, psychological, psychiatric, | |
| 28 | - | or legislative purpose; or | |
| 18 | + | medical, psychological, psychiatric, judicial,] law enforcement[, | |
| 19 | + | or legislative] purpose; or | |
| 29 | 20 | (3) the defendant is not more than two years older than | |
| 30 | 21 | the child. | |
| 22 | + | SECTION 2. Section 43.24(c), Penal Code, is repealed. | |
| 31 | 23 | SECTION 3. The changes in law made by this Act apply only to | |
| 32 | 24 | an offense committed on or after the effective date of this Act. An | |
| 33 | 25 | offense committed before the effective date of this Act is governed | |
| 34 | 26 | by the law in effect on the date the offense was committed, and the | |
| 35 | 27 | former law is continued in effect for that purpose. For purposes of | |
| 36 | 28 | this section, an offense was committed before the effective date of | |
| 37 | 29 | this Act if any element of the offense occurred before that date. | |
| 38 | 30 | SECTION 4. This Act takes effect September 1, 2019. |