| 1 | 1 | | By: Hall S.B. No. 977 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to defenses to prosecution for certain offenses involving |
|---|
| 7 | 7 | | material or conduct that may be obscene or is otherwise harmful to |
|---|
| 8 | 8 | | children. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 43.24, Penal Code, is amended by |
|---|
| 11 | 11 | | amending Subsection (c) and adding Subsection (c-2) to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | (c) It is not a [an affirmative] defense to prosecution |
|---|
| 14 | 14 | | under this section that the sale, distribution, or exhibition was |
|---|
| 15 | 15 | | by a person having scientific, education, governmental, or other |
|---|
| 16 | 16 | | similar justification. |
|---|
| 17 | 17 | | (c-2) It is a defense to prosecution under Subsection (b)(1) |
|---|
| 18 | 18 | | or (2) that at the time of the offense the actor was a law |
|---|
| 19 | 19 | | enforcement officer discharging the officer's official duties. |
|---|
| 20 | 20 | | SECTION 2. Section 43.25(f), Penal Code, is amended to read |
|---|
| 21 | 21 | | as follows: |
|---|
| 22 | 22 | | (f) It is an affirmative defense to a prosecution under this |
|---|
| 23 | 23 | | section that: |
|---|
| 24 | 24 | | (1) the defendant was the spouse of the child at the |
|---|
| 25 | 25 | | time of the offense; |
|---|
| 26 | 26 | | (2) the conduct was for a bona fide [educational, |
|---|
| 27 | 27 | | medical, psychological, psychiatric, judicial,]law enforcement[, |
|---|
| 28 | 28 | | or legislative] purpose; or |
|---|
| 29 | 29 | | (3) the defendant is not more than two years older than |
|---|
| 30 | 30 | | the child. |
|---|
| 31 | 31 | | SECTION 3. The change in law made by this Act applies only to |
|---|
| 32 | 32 | | an offense committed on or after the effective date of this Act. An |
|---|
| 33 | 33 | | offense committed before the effective date of this Act is governed |
|---|
| 34 | 34 | | by the law in effect on the date the offense was committed, and the |
|---|
| 35 | 35 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 36 | 36 | | this section, an offense was committed before the effective date of |
|---|
| 37 | 37 | | this Act if any element of the offense occurred before the date. |
|---|
| 38 | 38 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 39 | 39 | | a vote of two-thirds of all members elected to each house, as |
|---|
| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 42 | 42 | | Act takes effect September 1, 2021. |
|---|