SRC-MWN S.B. 1295 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1295
77R6329 GWK-DBy: Van de Putte
Criminal Justice
3/16/2001
As Filed


DIGEST AND PURPOSE 

Current state law defines statutory rape as consensual sex between two
people of the opposite sex, more than two years apart in age, with one
person under 17 years of age. As proposed, S.B. 1295 provides an
affirmative defense to prosecution if the defendant is no more than three
years older than the victim and the victim was 14 years of age or older. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 21.11, Penal Code, by adding Subsection (d), to
provide that it is an affirmative defense to prosecution under this section
that certain factors are met. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2001.