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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offenses of sexual assault and |
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aggravated sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.011, Penal Code, is amended by adding |
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Subsections (e-1) and (g) to read as follows: |
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(e-1) It is an affirmative defense to prosecution under |
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Subsection (a)(2) that: |
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(1) the actor reasonably believed that the victim was |
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17 years of age or older and: |
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(A) was not required under Chapter 62, Code of |
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Criminal Procedure, to register for life as a sex offender; or |
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(B) was not a person who under Chapter 62, Code of |
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Criminal Procedure, had a reportable conviction or adjudication for |
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an offense under this section or Section 22.021; and |
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(2) the victim: |
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(A) was 13 years of age or older; and |
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(B) in the presence of the actor, displayed |
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tangible, false evidence that: |
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(i) was intentionally designed to mislead |
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another as to the victim's age; and |
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(ii) when considered objectively by the |
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court with other circumstances, can reasonably be thought to be |
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accurate identification of the victim. |
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(g) Subsection (e-1) does not invalidate or otherwise |
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diminish Rule 412, Texas Rules of Evidence. |
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SECTION 2. Section 22.021, Penal Code, is amended by adding |
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Subsections (d-1) and (g) to read as follows: |
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(d-1) It is an affirmative defense to prosecution under |
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Subsection (a)(2)(B) that: |
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(1) the actor reasonably believed that the victim was |
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17 years of age or older and: |
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(A) was not required under Chapter 62, Code of |
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|
Criminal Procedure, to register for life as a sex offender; or |
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(B) was not a person who under Chapter 62, Code of |
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Criminal Procedure, had a reportable conviction or adjudication for |
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an offense under this section or Section 22.011; and |
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(2) the victim: |
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(A) was 13 years of age or older; and |
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(B) in the presence of the actor, displayed |
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tangible, false evidence that: |
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(i) was intentionally designed to mislead |
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another as to the victim's age; and |
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(ii) when considered objectively by the |
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court with other circumstances, can reasonably be thought to be |
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accurate identification of the victim. |
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(g) Subsection (d-1) does not invalidate or otherwise |
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diminish Rule 412, Texas Rules of Evidence. |
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SECTION 3. 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 the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |