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AN ACT
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relating to criminal offenses regarding the consumption or |
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possession of alcoholic beverages by a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.04, Alcoholic Beverage Code, is |
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amended by adding Subsections (f), (g), and (h) to read as follows: |
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(f) Except as provided by Subsection (g), Subsection (a) |
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does not apply to a minor who reports the sexual assault of the |
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minor or another person, or is the victim of a sexual assault |
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reported by another person, to: |
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(1) a health care provider treating the victim of the |
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sexual assault; |
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(2) an employee of a law enforcement agency, including |
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an employee of a campus police department of an institution of |
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higher education; or |
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(3) the Title IX coordinator of an institution of |
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higher education or another employee of the institution responsible |
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for responding to reports of sexual assault. |
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(g) A minor is entitled to raise the defense provided by |
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Subsection (f) in the prosecution of an offense under this section |
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only if the minor is in violation of this section at the time of the |
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commission of a sexual assault that is: |
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(1) reported by the minor under Subsection (f); or |
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(2) committed against the minor and reported by |
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another person under Subsection (f). |
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(h) A minor who commits a sexual assault that is reported |
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under Subsection (f) is not entitled to raise the defense provided |
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by Subsection (f) in the prosecution of the minor for an offense |
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under this section. |
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SECTION 2. Section 106.05, Alcoholic Beverage Code, is |
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amended by adding Subsections (e), (f), and (g) to read as follows: |
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(e) Except as provided by Subsection (f), Subsection (a) |
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does not apply to a minor who reports the sexual assault of the |
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minor or another person, or is the victim of a sexual assault |
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reported by another person, to: |
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(1) a health care provider treating the victim of the |
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sexual assault; |
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(2) an employee of a law enforcement agency, including |
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an employee of a campus police department of an institution of |
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higher education; or |
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(3) the Title IX coordinator of an institution of |
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higher education or another employee of the institution responsible |
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for responding to reports of sexual assault. |
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(f) A minor is entitled to raise the defense provided by |
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Subsection (e) in the prosecution of an offense under this section |
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only if the minor is in violation of this section at the time of the |
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commission of a sexual assault that is: |
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(1) reported by the minor under Subsection (e); or |
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(2) committed against the minor and reported by |
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another person under Subsection (e). |
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(g) A minor who commits a sexual assault that is reported |
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under Subsection (e) is not entitled to raise the defense provided |
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by Subsection (e) in the prosecution of the minor for an offense |
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under this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 966 passed the Senate on |
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April 26, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 966 passed the House on |
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May 19, 2017, by the following vote: Yeas 143, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |