1-1     By:  Van de Putte                                     S.B. No. 1295
 1-2           (In the Senate - Filed March 8, 2001; March 12, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 9, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 9, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1295                By:  Whitmire
 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.  Section 21.11, Penal Code, is amended by amending
1-14     Subsection (c) and adding Subsection (d) to read as follows:
1-15           (c)  It is a defense to prosecution under this section that:
1-16                 (1)  the victim was of the opposite sex of the actor;
1-17                 (2)  at the time of the offense the victim was 14 years
1-18     of age or older and the actor was younger than 20 years of age; and
1-19                 (3)  the actor through mistake formed a reasonable
1-20     belief that the victim was not more than three years younger than
1-21     the actor.
1-22           (d)  An offense under Subsection (a)(1) is a felony of the
1-23     second degree and an offense under Subsection (a)(2) is a felony of
1-24     the third degree.
1-25           SECTION 2.  (a)  The change in law made by this Act applies
1-26     only to an offense committed on or after the effective date of this
1-27     Act.  For purposes of this section, an offense is committed before
1-28     the effective date of this Act if any element of the offense occurs
1-29     before the effective date.
1-30           (b)  An offense committed before the effective date of this
1-31     Act is covered by the law in effect when the offense was committed,
1-32     and the former law is continued in effect for that purpose.
1-33           SECTION 3.  This Act takes effect September 1, 2001.
1-34                                  * * * * *