Texas 2021 - 87th Regular

Texas House Bill HB826 Compare Versions

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

Old	New	Differences
1	1	87R5063 MAW-D
2	2	By: Dutton H.B. No. 826
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an affirmative defense available to certain students
8	8	enrolled in grade level nine or above who engage in prohibited
9	9	sexual contact with another student at or above that grade level.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 21.11(b), Penal Code, is amended to read
12	12	as follows:
13	13	(b) It is an affirmative defense to prosecution under this
14	14	section that [the actor]:
15	15	(1) the actor was [not more than three years older than
16	16	the victim and] of the opposite sex and not more than three years
17	17	older than the victim, or not more than five years older if both the
18	18	actor and victim were enrolled in a public or private school in
19	19	grade level nine or above at the time of the offense;
20	20	(2) [did not use duress, force, or a threat against the
21	21	victim at the time of the offense; and
22	22	[(3)] at the time of the offense the actor:
23	23	(A) was not required under Chapter 62, Code of
24	24	Criminal Procedure, to register for life as a sex offender; or
25	25	(B) was not a person who under Chapter 62 had a
26	26	reportable conviction or adjudication for an offense under this
27	27	section; and
28	28	(3) the actor's conduct did not occur without the
29	29	consent of the victim.
30	30	SECTION 2. Section 22.011(e), Penal Code, is amended to
31	31	read as follows:
32	32	(e) It is an affirmative defense to prosecution under
33	33	Subsection (a)(2):
34	34	(1) that the actor was the spouse of the child at the
35	35	time of the offense; or
36	36	(2) that:
37	37	(A) the actor was not more than three years older
38	38	than the victim, or not more than five years older if both the actor
39	39	and victim were enrolled in a public or private school in grade
40	40	level nine or above at the time of the offense, and at the time of
41	41	the offense:
42	42	(i) was not required under Chapter 62, Code
43	43	of Criminal Procedure, to register for life as a sex offender; or
44	44	(ii) was not a person who under Chapter 62,
45	45	Code of Criminal Procedure, had a reportable conviction or
46	46	adjudication for an offense under this section; [and]
47	47	(B) the victim:
48	48	(i) was a child of 14 years of age or older;
49	49	and
50	50	(ii) was not:
51	51	(a) a person whom the actor was
52	52	prohibited from marrying or purporting to marry or with whom the
53	53	actor was prohibited from living under the appearance of being
54	54	married under Section 25.01; or
55	55	(b) a person with whom the actor was
56	56	prohibited from engaging in sexual intercourse or deviate sexual
57	57	intercourse under Section 25.02; and
58	58	(C) the actor's conduct did not occur without the
59	59	consent of the victim.
60	60	SECTION 3. The change in law made by this Act applies only
61	61	to an offense committed on or after the effective date of this Act.
62	62	An offense committed before the effective date of this Act is
63	63	governed by the law in effect at the time of the offense, and the
64	64	former law is continued in effect for that purpose. For purposes of
65	65	this section, an offense was committed before the effective date of
66	66	this Act if any element of the offense occurred before that date.
67	67	SECTION 4. This Act takes effect September 1, 2021.