By Van de Putte                                       S.B. No. 1295
         77R6329 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of the offense of indecency with a
 1-3     child.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 21.11, Penal Code, is amended by adding
 1-6     Subsection (d) to read as follows:
 1-7           (d)  It is an affirmative defense to prosecution under this
 1-8     section that:
 1-9                 (1)  the victim was 14 years of age or older and of the
1-10     opposite sex of the actor; and
1-11                 (2)  the actor through mistake formed a reasonable
1-12     belief that the victim was not more than three years younger than
1-13     the actor.
1-14           SECTION 2. (a)  The change in law made by this Act applies
1-15     only to an offense committed on or after the effective date of this
1-16     Act.  For purposes of this section, an offense is committed before
1-17     the effective date of this Act if any element of the offense occurs
1-18     before the effective date.
1-19           (b)  An offense committed before the effective date of this
1-20     Act is covered by the law in effect when the offense was committed,
1-21     and the former law is continued in effect for that purpose.
1-22           SECTION 3. This Act takes effect September 1, 2001.