Texas 2019 - 86th Regular

Texas House Bill HB4038 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13142 JSC-D
2	2	By: Dominguez H.B. No. 4038
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an affirmative defense to certain prohibited sexual
8	8	conduct occurring as part of a dating relationship that began in
9	9	primary or secondary school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 21.11(b) and (c), Penal Code, are
12	12	amended to read as follows:
13	13	(b) It is an affirmative defense to prosecution under this
14	14	section that the actor:
15	15	(1) was [not more than three years older than the
16	16	victim and] of the opposite sex and was, at the time of the offense:
17	17	(A) not more than three years older than the
18	18	victim; or
19	19	(B) in a dating relationship with the victim that
20	20	began while both the actor and the victim were enrolled in the same
21	21	primary or secondary school, if the school provided instruction to
22	22	not more than four consecutive grade levels at that time;
23	23	(2) did not use duress, force, or a threat against the
24	24	victim at the time of the offense; and
25	25	(3) at the time of the offense:
26	26	(A) was not required under Chapter 62, Code of
27	27	Criminal Procedure, to register for life as a sex offender; or
28	28	(B) was not a person who under Chapter 62 had a
29	29	reportable conviction or adjudication for an offense under this
30	30	section.
31	31	(c) In this section:
32	32	(1) "Dating relationship" has the meaning assigned by
33	33	Section 71.0021, Family Code.
34	34	(2) "Sexual [, "sexual] contact" means the following
35	35	acts, if committed with the intent to arouse or gratify the sexual
36	36	desire of any person:
37	37	(A) [(1)] any touching by a person, including
38	38	touching through clothing, of the anus, breast, or any part of the
39	39	genitals of a child; or
40	40	(B) [(2)] any touching of any part of the body of
41	41	a child, including touching through clothing, with the anus,
42	42	breast, or any part of the genitals of a person.
43	43	SECTION 2. Section 22.011(c), Penal Code, is amended by
44	44	adding Subdivision (6) to read as follows:
45	45	(6) "Dating relationship" has the meaning assigned by
46	46	Section 71.0021, Family Code.
47	47	SECTION 3. Section 22.011, Penal Code, is amended by
48	48	amending Subsection (e) and adding Subsection (e-1) to read as
49	49	follows:
50	50	(e) It is an affirmative defense to prosecution under
51	51	Subsection (a)(2)[:
52	52	[(1)] that the actor was the spouse of the child at the
53	53	time of the offense.
54	54	(e-1) It is an affirmative defense to prosecution under
55	55	Subsection (a)(2) that, at the time of the offense[; or
56	56	[(2) that]:
57	57	(1) [(A)] the actor was not [more than three years
58	58	older than the victim and at the time of the offense]:
59	59	(A) [(i) was not] required under Chapter 62, Code
60	60	of Criminal Procedure, to register for life as a sex offender; or
61	61	(B) [(ii) was not] a person who under Chapter 62,
62	62	Code of Criminal Procedure, had a reportable conviction or
63	63	adjudication for an offense under this section;
64	64	(2) the actor:
65	65	(A) was not more than three years older than the
66	66	victim; or
67	67	(B) was in a dating relationship with the victim
68	68	that began while both the actor and the victim were enrolled in the
69	69	same primary or secondary school, if the school provided
70	70	instruction to not more than four consecutive grade levels at that
71	71	time; and
72	72	(3) [(B)] the victim:
73	73	(A) [(i)] was a child of 14 years of age or older;
74	74	and
75	75	(B) [(ii)] was not a person whom the actor was
76	76	prohibited from marrying or purporting to marry or with whom the
77	77	actor was prohibited from living under the appearance of being
78	78	married under Section 25.01.
79	79	SECTION 4. The changes in law made by this Act apply only to
80	80	an offense committed on or after the effective date of this Act. An
81	81	offense committed before the effective date of this Act is governed
82	82	by the law in effect when the offense was committed, and the former
83	83	law is continued in effect for that purpose. For purposes of this
84	84	section, an offense was committed before the effective date of this
85	85	Act if any element of the offense occurred before that date.
86	86	SECTION 5. This Act takes effect September 1, 2019.