79R3787 KEL-D

By:  Carona                                                       S.B. No. 688



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)  provided the actor with tangible, false 
evidence that:         
				(i)  was intentionally designed to mislead 
the actor as to the victim's age; and
				(ii)  when viewed objectively, can 
reasonably be thought to be authentic 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)  provided the actor with tangible, false 
evidence that:         
				(i)  was intentionally designed to mislead 
the actor as to the victim's age; and
				(ii)  when viewed objectively, can 
reasonably be thought to be authentic 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 September 1, 2005. An offense 
committed before September 1, 2005, 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 September 1, 2005, if any element of 
the offense was committed before that date.
	SECTION 4.  This Act takes effect September 1, 2005.