Texas 2021 - 87th Regular

Texas House Bill HB1107 Compare Versions

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

Old	New	Differences
1	1	87R118 JSC-D
2	2	By: Dominguez H.B. No. 1107
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 at the time of the offense:
16	16	(A) not more than three years older than the
17	17	victim; or
18	18	(B) in a dating relationship with the victim that
19	19	began while both the actor and the victim were enrolled in the same
20	20	primary or secondary school, if the school provided instruction to
21	21	not more than four consecutive grade levels at that time [not more
22	22	than three years older than the victim and of the opposite sex];
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 (8) to read as follows:
45	45	(8) "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) [; or
56	56	[(2)] that, at the time of the offense:
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:
76	76	(i) [(a)] a person whom the actor was
77	77	prohibited from marrying or purporting to marry or with whom the
78	78	actor was prohibited from living under the appearance of being
79	79	married under Section 25.01; or
80	80	(ii) [(b)] a person with whom the actor was
81	81	prohibited from engaging in sexual intercourse or deviate sexual
82	82	intercourse under Section 25.02.
83	83	SECTION 4. The changes in law made by this Act apply only to
84	84	an offense committed on or after the effective date of this Act. An
85	85	offense committed before the effective date of this Act is governed
86	86	by the law in effect on the date the offense was committed, and the
87	87	former law is continued in effect for that purpose. For purposes of
88	88	this section, an offense was committed before the effective date of
89	89	this Act if any element of the offense occurred before that date.
90	90	SECTION 5. This Act takes effect September 1, 2021.