79R3977 KEL-D

By:  Martinez Fischer                                             H.B. No. 732



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of criminal solicitation 
of a minor.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 15.031, Penal Code, is amended by adding 
Subsection (g) to read as follows:
	(g)  An intent to commit an offense under Section 21.11, 
22.011, 22.021, or 43.25 is presumed if it is shown at the trial of 
an offense under this section that the actor performed one or more 
overt acts to further the commission of an offense under one of 
those sections.  A presumption under this subsection is rebuttable 
in the manner described by Article 38.43, Code of Criminal 
Procedure.
	SECTION 2.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.43 to read as follows:
	Art. 38.43.  PROCEDURE REGARDING PRESUMPTIONS ARISING IN 
TRIAL OF CRIMINAL SOLICITATION OF MINOR.  In the trial of an offense 
under Section 15.031, Penal Code, the defendant may file a motion to 
rebut a presumption described by Subsection (g) of that section.  On 
motion by the defendant, the trial court shall conduct a hearing 
outside the presence of the jury to assess the validity of the 
presumption as applied to the facts of the case.  The presumption is 
considered to be rebutted under this article only if the trial court 
finds that the defendant did not have the intent to commit an 
offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code.  
The jury shall review any decision by the trial court that the 
presumption described by Subsection (g) applies to the facts of the 
case.
	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 
covered by the law in effect when the offense was committed, 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.