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 * * * * *