Bill Text: TX HB2343 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to an affirmative defense available to certain students enrolled in grade level nine or above who engage in prohibited sexual contact with another student at or above that grade level.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-20 - Left pending in committee [HB2343 Detail]

Download: Texas-2019-HB2343-Introduced.html
  86R13258 MAW-D
 
  By: Dutton H.B. No. 2343
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an affirmative defense available to certain students
  enrolled in grade level nine or above who engage in prohibited
  sexual contact with another student at or above that grade level.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.11(b), Penal Code, is amended to read
  as follows:
         (b)  It is an affirmative defense to prosecution under this
  section that the actor:
               (1)  was [not more than three years older than the
  victim and] of the opposite sex and not more than three years older
  than the victim, or not more than five years older if both the actor
  and victim were enrolled in a public or private school in grade
  level nine or above at the time of the offense;
               (2)  did not use duress, force, or a threat against the
  victim at the time of the offense; and
               (3)  at the time of the offense:
                     (A)  was not required under Chapter 62, Code of
  Criminal Procedure, to register for life as a sex offender; or
                     (B)  was not a person who under Chapter 62 had a
  reportable conviction or adjudication for an offense under this
  section.
         SECTION 2.  Section 22.011(e), Penal Code, is amended to
  read as follows:
         (e)  It is an affirmative defense to prosecution under
  Subsection (a)(2):
               (1)  that the actor was the spouse of the child at the
  time of the offense; or
               (2)  that:
                     (A)  the actor was not more than three years older
  than the victim, or not more than five years older if both the actor
  and victim were enrolled in a public or private school in grade
  level nine or above at the time of the offense, and at the time of
  the offense:
                           (i)  was not required under Chapter 62, Code
  of Criminal Procedure, to register for life as a sex offender; or
                           (ii)  was not a person who under Chapter 62,
  Code of Criminal Procedure, had a reportable conviction or
  adjudication for an offense under this section; and
                     (B)  the victim:
                           (i)  was a child of 14 years of age or older;
  and
                           (ii)  was not a person whom the actor was
  prohibited from marrying or purporting to marry or with whom the
  actor was prohibited from living under the appearance of being
  married under Section 25.01.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect at the time of the offense, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2019.
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