1-1     By:  Carona                                            S.B. No. 932
 1-2           (In the Senate - Filed February 26, 2001; February 27, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     April 18, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 18, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 932                    By:  Ogden
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the prosecution of the offense of indecency with a
1-11     child.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subdivision (2), Section 21.01, Penal Code, is
1-14     amended to read as follows:
1-15                 (2)  "Sexual contact" means, except as provided by
1-16     Section 21.11, any touching of the anus, breast, or any part of the
1-17     genitals of another person with intent to arouse or gratify the
1-18     sexual desire of any person.
1-19           SECTION 2.  Section 21.11, Penal Code, is amended to read as
1-20     follows:
1-21           Sec. 21.11.  INDECENCY WITH A CHILD.  (a)  A person commits
1-22     an offense if, with a child younger than 17 years and not the
1-23     person's [his] spouse, whether the child is of the same or opposite
1-24     sex, the person [he]:
1-25                 (1)  engages in sexual contact with the child or causes
1-26     the child to engage in sexual contact; or
1-27                 (2)  with intent to arouse or gratify the sexual desire
1-28     of any person:
1-29                       (A) exposes the person's [his] anus or any part
1-30     of the person's [his] genitals, knowing the child is present; or
1-31                       (B)  causes the child to expose the child's anus
1-32     or any part of the child's genitals[, with intent to arouse or
1-33     gratify the sexual desire of any person].
1-34           (b)  It is an affirmative defense to prosecution under this
1-35     section that the actor:
1-36                 (1)  was not more than three years older than the
1-37     victim and of the opposite sex;
1-38                 (2)  did not use duress, force, or a threat against the
1-39     victim at the time of the offense; and
1-40                 (3)  at the time of the offense:
1-41                       (A)  was not required under Chapter 62, Code of
1-42     Criminal Procedure[, as added by Chapter 668, Acts of the 75th
1-43     Legislature, Regular Session, 1997], to register for life as a sex
1-44     offender; or
1-45                       (B)  was not a person who under Chapter 62 had a
1-46     reportable conviction or adjudication for an offense under this
1-47     section.
1-48           (c)  In this section, "sexual contact" means the following
1-49     acts, if committed with the intent to arouse or gratify the sexual
1-50     desire of any person:
1-51                 (1)  any touching by a person, including touching
1-52     through clothing, of the anus, breast, or any part of the genitals
1-53     of a child; or
1-54                 (2)  any touching of any part of the body of a child,
1-55     including touching through clothing, with the anus, breast, or any
1-56     part of the genitals of a person.
1-57           (d)  An offense under Subsection (a)(1) is a felony of the
1-58     second degree and an offense under Subsection (a)(2) is a felony of
1-59     the third degree.
1-60           SECTION 3.  (a)  The change in law made by this Act applies
1-61     only to an offense committed on or after the effective date of this
1-62     Act.  For purposes of this section, an offense is committed before
1-63     the effective date of this Act if any element of the offense occurs
1-64     before the effective date.
 2-1           (b)  An offense committed before the effective date of this
 2-2     Act is covered by the law in effect when the offense was committed,
 2-3     and the former law is continued in effect for that purpose.
 2-4           SECTION 4.  This Act takes effect September 1, 2001.
 2-5                                  * * * * *