By:  Bivins                                             S.B. No. 66
       73R1066 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to elimination of the promiscuity defense in prosecutions
    1-3  for indecency with a child and sexual assaults involving children
    1-4  as victims.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 21.11, Penal Code, is amended to read as
    1-7  follows:
    1-8        Sec. 21.11.  INDECENCY WITH A CHILD.  (a)  A person commits
    1-9  an offense if, with a child younger than 17 years and not his
   1-10  spouse, whether the child is of the same or opposite sex, he:
   1-11              (1)  engages in sexual contact with the child; or
   1-12              (2)  exposes his anus or any part of his genitals,
   1-13  knowing the child is present, with intent to arouse or gratify the
   1-14  sexual desire of any person.
   1-15        (b)  <It is a defense to prosecution under this section that
   1-16  the child was at the time of the alleged offense 14 years or older
   1-17  and had, prior to the time of the alleged offense, engaged
   1-18  promiscuously in:>
   1-19              <(1)  sexual intercourse;>
   1-20              <(2)  deviate sexual intercourse;>
   1-21              <(3)  sexual contact; or>
   1-22              <(4)  indecent exposure as defined in Subsection (a)(2)
   1-23  of this section.>
   1-24        <(c)>  It is an affirmative defense to prosecution under this
    2-1  section that the actor:
    2-2              (1)  was not more than two years older than the victim
    2-3  and of the opposite sex; and
    2-4              (2)  did not use duress, force, or a threat against the
    2-5  victim at the time of the offense.
    2-6        (c) <(d)>  An offense under Subsection (a)(1) of this section
    2-7  is a felony of the second degree and an offense under Subsection
    2-8  (a)(2) of this section is a felony of the third degree.
    2-9        SECTION 2.  Section 22.011(d), Penal Code, is amended to read
   2-10  as follows:
   2-11        (d)  It is a defense to prosecution under Subsection (a)(2)
   2-12  of this section that<:>
   2-13              <(1)  the child was at the time of the offense 14 years
   2-14  of age or older and had prior to the time of the offense engaged
   2-15  promiscuously in conduct described in that subsection; or>
   2-16              <(2)>  the conduct consisted of medical care for the
   2-17  child.
   2-18        SECTION 3.  Section 22.021(d), Penal Code, is amended to read
   2-19  as follows:
   2-20        (d)  The <defense provided by Section 22.011(d)(1) of this
   2-21  code and the> affirmative defense provided by Section 22.011(e) of
   2-22  this code does <do> not apply to this section.  The defense
   2-23  provided by Section 22.011(d) <22.011(d)(2)> of this section does
   2-24  apply to this section.
   2-25        SECTION 4.  (a)  The change in law made by this Act applies
   2-26  only to an offense committed on or after the effective date of this
   2-27  Act.  For purposes of this section, an offense is committed before
    3-1  the effective date of this Act if any element of the offense occurs
    3-2  before the effective date.
    3-3        (b)  An offense committed before the effective date of this
    3-4  Act is covered by the law in effect when the offense was committed
    3-5  and the former law is continued in effect for this purpose.
    3-6        SECTION 5.  This Act takes effect September 1, 1993.
    3-7        SECTION 6.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency   and   an   imperative   public   necessity   that   the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.