By:  Jackson                                                      H.B. No. 1641



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offenses of sexual assault and 
aggravated sexual assault.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.011, Penal Code, is amended by adding 
Subsections (e-1) and (g) to read as follows:
	(e-1)  It is an affirmative defense to prosecution under 
Subsection (a)(2) that:
		(1)  the actor reasonably believed that the victim was 
17 years of age or older and:
			(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, Code of 
Criminal Procedure, had a reportable conviction or adjudication for 
an offense under this section or Section 22.021; and
		(2)  the victim:                                                       
			(A)  was 13 years of age or older; and                                
			(B)  in the presence of the actor, displayed 
tangible, false evidence that:
				(i)  was intentionally designed to mislead 
another as to the victim's age; and
				(ii)  when considered objectively by the 
court with other circumstances, can reasonably be thought to be 
accurate identification of the victim.
	(g)  Subsection (e-1) does not invalidate or otherwise 
diminish Rule 412, Texas Rules of Evidence.
	SECTION 2.  Section 22.021, Penal Code, is amended by adding  
Subsections (d-1) and (f) to read as follows:
	(d-1)  It is an affirmative defense to prosecution under 
Subsection (a)(2)(B) that:
		(1)  the actor reasonably believed that the victim was 
17 years of age or older and:
			(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, Code of 
Criminal Procedure, had a reportable conviction or adjudication for 
an offense under this section or Section 22.011; and
		(2)  the victim:                                                       
			(A)  was 13 years of age or older; and                                
			(B)  in the presence of the actor, displayed 
tangible, false evidence that:
				(i)  was intentionally designed to mislead 
another as to the victim's age; and
				(ii)  when considered objectively by the 
court with other circumstances, can reasonably be thought to be 
accurate identification of the victim.
	(f)  Subsection (d-1) does not invalidate or otherwise 
diminish Rule 412, Texas Rules of Evidence.
	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 the 
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.