By Greenberg, Park, Danburg, et al. H.B. No. 131
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of certain defenses for a person who
1-3 sexually assaults a child or engages in indecency with a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.011(d), Penal Code, is amended to read
1-6 as follows:
1-7 (d) It is a defense to prosecution under Subsection (a)(2)
1-8 of this section that<:>
1-9 <(1) the child was at the time of the offense 14 years
1-10 of age or older and had prior to the time of the offense engaged
1-11 promiscuously in conduct described in that subsection; or>
1-12 <(2)> the conduct consisted of medical care for the
1-13 child.
1-14 SECTION 2. Section 22.021(d), Penal Code, is amended to read
1-15 as follows:
1-16 (d) The <defense provided by Section 22.011(d)(1) of this
1-17 code and the> affirmative defense provided by Section 22.011(e) of
1-18 this code does <do> not apply to this section. The defense
1-19 provided by Section 22.011(d) <22.011(d)(2)> of this code <section>
1-20 does apply to this section.
1-21 SECTION 3. Section 21.11, Penal Code, is amended to read as
1-22 follows:
1-23 Sec. 21.11. Indecency With a Child. (a) A person commits
1-24 an offense if, with a child younger than 17 years and not his
2-1 spouse, whether the child is of the same or opposite sex, he:
2-2 (1) engages in sexual contact with the child; or
2-3 (2) exposes his anus or any part of his genitals,
2-4 knowing the child is present, with intent to arouse or gratify the
2-5 sexual desire of any person.
2-6 (b) <It is a defense to prosecution under this section that
2-7 the child was at the time of the alleged offense 14 years or older
2-8 and had, prior to the time of the alleged offense, engaged
2-9 promiscuously in:>
2-10 <(1) sexual intercourse;>
2-11 <(2) deviate sexual intercourse;>
2-12 <(3) sexual contact; or>
2-13 <(4) indecent exposure as defined in Subsection (a)(2)
2-14 of this section.>
2-15 <(c)> It is an affirmative defense to prosecution under this
2-16 section that the actor:
2-17 (1) was not more than two years older than the victim
2-18 and of the opposite sex; and
2-19 (2) did not use duress, force, or a threat against the
2-20 victim at the time of the offense.
2-21 (c) <(d)> An offense under Subsection (a)(1) of this section
2-22 is a felony of the second degree and an offense under Subsection
2-23 (a)(2) of this section is a felony of the third degree.
2-24 SECTION 4. Under the terms of Section 22.109(b), Government
2-25 Code, Rule 412(e), Texas Rules of Criminal Evidence, is
2-26 disapproved.
2-27 SECTION 5. (a) The change in law made by this Act applies
3-1 only to an offense committed on or after the effective date of this
3-2 Act. For purposes of this section, an offense is committed before
3-3 the effective date of this Act if any element of the offense occurs
3-4 before the effective date.
3-5 (b) An offense committed before the effective date of this
3-6 Act is covered by the law in effect when the offense was committed,
3-7 and the former law is continued in effect for this purpose.
3-8 SECTION 6. This Act takes effect September 1, 1993.
3-9 SECTION 7. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.