By:  Carona                                                       S.B. No. 893
	(In the Senate - Filed March 2, 2005; March 10, 2005, read 
first time and referred to Committee on Criminal Justice; 
April 14, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 1; April 14, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 893                                    By:  Carona


A BILL TO BE ENTITLED

AN ACT


relating to the prosecution of the offenses of indecency with a 
child and sexual assault.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.11, Penal Code, is amended by adding 
Subsection (b-1) to read as follows:
	(b-1)  It is a defense to prosecution under this section 
that:        
		(1)  the victim was of the opposite sex of the actor;                  
		(2)  at the time of the offense the victim was 15 years 
of age or older and the actor was younger than 20 years of age;
		(3)  the actor did not use duress, force, or a threat 
against the victim at the time of the offense; and
		(4)  the actor through mistake formed a reasonable 
belief that the victim was not more than three years younger than 
the actor.
	SECTION 2.  Section 22.011, Penal Code, is amended by adding 
Subsection (d-1) to read as follows:
	(d-1)  It is a defense to prosecution under Subsection (a)(2) 
that:   
		(1)  the victim was of the opposite sex of the actor;                  
		(2)  at the time of the offense the victim was 15 years 
of age or older and the actor was younger than 20 years of age;
		(3)  the actor did not use duress, force, or a threat 
against the victim at the time of the offense; and
		(4)  the actor through mistake formed a reasonable 
belief that the victim was not more than three years younger than 
the actor.
	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 on the date the offense was committed, 
and the former law is continued in effect for that purpose.  For 
purposes of this section, an offense is committed before the 
effective date of this Act if any element of the offense occurs 
before the effective date.
	SECTION 4.  This Act takes effect September 1, 2005.                           



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