Bill Text: TX HB3135 | 2019-2020 | 86th Legislature | Comm Sub

Texas House Bill 3135 (Prior Session Legislation)

Bill Title: Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2019-05-07 - Committee report sent to Calendars [HB3135 Detail]

Download: Texas-2019-HB3135-Comm_Sub.html

	86R30147 JCG-F

	By: Cain, Miller, Anderson, et al.	H.B. No. 3135

	Substitute the following for H.B. No. 3135:

	By: King of Parker	C.S.H.B. No. 3135



	A BILL TO BE ENTITLED
	AN ACT
	relating to affirmative defenses to prosecution for certain
	offenses involving material or conduct that is obscene or otherwise
	harmful to children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 43.24(c), Penal Code, is amended to read
	as follows:
	(c) It is an affirmative defense to prosecution under this
	section that the sale, distribution, or exhibition was by a person
	having a bona fide judicial, law enforcement, or legislative
	[~~scientific, educational, governmental, or other similar~~]
	justification.
	SECTION 2. Section 43.25(f), Penal Code, is amended to read
	as follows:
	(f) It is an affirmative defense to a prosecution under this
	section that:
	(1) the defendant was the spouse of the child at the
	time of the offense;
	(2) the conduct was for a bona fide [~~educational,~~
	~~medical, psychological, psychiatric,~~] judicial, law enforcement,
	or legislative purpose; or
	(3) the defendant is not more than two years older than
	the child.
	SECTION 3. The changes in law made by this Act apply 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 on the date the offense was committed, 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.