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A BILL TO BE ENTITLED
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AN ACT
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relating to an exception to consent as a defense to assaultive |
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conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.06, Penal Code, is amended to read as |
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follows: |
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Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) |
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The victim's effective consent or the actor's reasonable belief |
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that the victim consented to the actor's conduct is a defense to |
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prosecution under Section 22.01 (Assault), 22.02 (Aggravated |
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Assault), or 22.05 (Deadly Conduct) if: |
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(1) the conduct did not threaten or inflict serious |
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bodily injury; or |
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(2) the victim knew the conduct was a risk of: |
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(A) his occupation; |
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(B) recognized medical treatment; or |
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(C) a scientific experiment conducted by |
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recognized methods. |
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(b) The defense to prosecution provided by Subsection (a) is |
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not available to a defendant who commits an offense described by |
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Subsection (a) as a condition of the defendant's or the victim's |
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initiation or continued membership in a criminal street gang, as |
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defined by Section 71.01. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before the effective |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |