BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1641

                                                                                                                                 By: Jackson, Jim

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill's intent is to allow an individual the right to a jury trial for the offense of sexual assault if the actor reasonably believed that the victim was seventeen years of age or older.  An individual may believe that a minor, under 17 years of age, is older by actions taken on part of the minor and given those circumstances, an individual is able to obtain a jury trial.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

House Bill 1641 amends the Penal Code to allow for a jury trial for sexual assault or aggravated sexual assault of a minor if the actor in the crime reasonably believed that the victim was 17 years of age or older, due to actions taken on part of the victim that made the actor believe they were of age.

 

EFFECTIVE DATE

 

September 1, 2005.