Texas 2019 - 86th Regular

Texas House Bill HB667 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 667
	1	+	By: King of Hemphill, Flynn, Guillen H.B. No. 667
	2	+	(Senate Sponsor - Perry)
	3	+	(In the Senate - Received from the House April 23, 2019;
	4	+	April 24, 2019, read first time and referred to Committee on
	5	+	Criminal Justice; May 15, 2019, reported favorably by the
	6	+	following vote: Yeas 6, Nays 0; May 15, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the prosecution of and punishment for the offense of
6	13		sexual assault; enhancing a criminal penalty.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. This Act shall be known as Melissa's Law.
9	16		SECTION 2. Sections 22.011(e) and (f), Penal Code, are
10	17		amended to read as follows:
11	18		(e) It is an affirmative defense to prosecution under
12	19		Subsection (a)(2):
13	20		(1) that the actor was the spouse of the child at the
14	21		time of the offense; or
15	22		(2) that:
16	23		(A) the actor was not more than three years older
17	24		than the victim and at the time of the offense:
18	25		(i) was not required under Chapter 62, Code
19	26		of Criminal Procedure, to register for life as a sex offender; or
20	27		(ii) was not a person who under Chapter 62,
21	28		Code of Criminal Procedure, had a reportable conviction or
22	29		adjudication for an offense under this section; and
23	30		(B) the victim:
24	31		(i) was a child of 14 years of age or older;
25	32		and
26	33		(ii) was not:
27	34		(a) a person whom the actor was
28	35		prohibited from marrying or purporting to marry or with whom the
29	36		actor was prohibited from living under the appearance of being
30	37		married under Section 25.01; or
31	38		(b) a person with whom the actor was
32	39		prohibited from engaging in sexual intercourse or deviate sexual
33	40		intercourse under Section 25.02.
34	41		(f) An offense under this section is a felony of the second
35	42		degree, except that an offense under this section is a felony of the
36	43		first degree if the victim was:
37	44		(1) a person whom the actor was prohibited from
38	45		marrying or purporting to marry or with whom the actor was
39	46		prohibited from living under the appearance of being married under
40	47		Section 25.01; or
41	48		(2) a person with whom the actor was prohibited from
42	49		engaging in sexual intercourse or deviate sexual intercourse under
43	50		Section 25.02.
44	51		SECTION 3. The changes in law made by this Act apply only to
45	52		an offense committed on or after the effective date of this Act. An
46	53		offense committed before the effective date of this Act is governed
47	54		by the law in effect when the offense was committed, and the former
48	55		law is continued in effect for that purpose. For purposes of this
49	56		section, an offense was committed before the effective date of this
50	57		Act if any element of the offense occurred before that date.
51	58		SECTION 4. This Act takes effect September 1, 2019.
52		-	______________________________ ______________________________
53		-	President of the Senate Speaker of the House
54		-	I certify that H.B. No. 667 was passed by the House on April
55		-	17, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not
56		-	voting.
57		-	______________________________
58		-	Chief Clerk of the House
59		-	I certify that H.B. No. 667 was passed by the Senate on May
60		-	21, 2019, by the following vote: Yeas 31, Nays 0.
61		-	______________________________
62		-	Secretary of the Senate
63		-	APPROVED: _____________________
64		-	Date
65		-	_____________________
66		-	Governor
	59	+	* * * * *