79R771 BDH-D

By:  Dutton                                                       H.B. No. 449



A BILL TO BE ENTITLED

AN ACT

relating to an affirmative defense available to certain students 
who engage in sexual contact with another student at least 13 years 
of age.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.11(b), Penal Code, is amended to read 
as follows:     
	(b)  It is an affirmative defense to prosecution under this 
section that the actor:
		(1)  was [not more than three years older than the 
victim and] of the opposite sex and not more than three years older 
than the victim, or not more than five years older if both the actor 
and victim were enrolled in public or private school grade level 
nine or above at the time of the offense;
		(2)  did not use duress, force, or a threat against the 
victim at the time of the offense; and
		(3)  at the time of the offense:                                              
			(A)  was not required under Chapter 62, Code of 
Criminal Procedure, to register for life as a sex offender; or
			(B)  was not a person who under Chapter 62 had a 
reportable conviction or adjudication for an offense under this 
section.
	SECTION 2.  Section 22.011(e), Penal Code, is amended to 
read as follows:    
	(e)  It is an affirmative defense to prosecution under 
Subsection (a)(2) that:
		(1)  the actor was not more than three years older than 
the victim, or not more than five years older if both the actor and 
victim were enrolled in public or private school grade level nine or 
above at the time of the offense, and at the time of the offense:
			(A)  was not required under Chapter 62, Code of 
Criminal Procedure, [as added by Chapter 668, Acts of the 75th 
Legislature, Regular Session, 1997,] to register for life as a sex 
offender;  or
			(B)  was not a person who under Chapter 62 had a 
reportable conviction or adjudication for an offense under this 
section;  and
		(2)  the victim was a child of 13 [14] years of age or 
older.
	SECTION 3.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
governed by the law in effect at the time of the offense, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 4.  This Act takes effect September 1, 2005.