By Davila                                       H.B. No. 3117

      75R8477 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of child for the purposes of prosecuting

 1-3     the offense of sexual assault.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 22.011(c)(1), Penal Code, is amended to

 1-6     read as follows:

 1-7                 (1)  "Child" means a person younger than 18 [17] years

 1-8     of age who is not the spouse of the actor.

 1-9           SECTION 2.  (a)  The change in law made by this Act applies

1-10     only to an offense committed on or after the effective date of this

1-11     Act.  For purposes of this section, an offense is committed before

1-12     the effective date of this Act if any element of the offense occurs

1-13     before the effective date.

1-14           (b)  An offense committed before the effective date of this

1-15     Act is covered by the law in effect when the offense was committed,

1-16     and the former law is continued in effect for that purpose.

1-17           SECTION 3.  This Act takes effect September 1, 1997.

1-18           SECTION 4.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended.