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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for causing certain assaultive physical |
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contact with a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that legislative action is |
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necessary to prevent, deter, and punish inappropriate physical |
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contact of children by adults that is: |
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(1) specifically intended to harm a child emotionally |
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and sexually; and |
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(2) does not otherwise qualify as prohibited sexual |
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conduct under current criminal law. |
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SECTION 2. Section 22.01, Penal Code, is amended by adding |
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Subsections (a-1), (c-1), and (c-2) and amending Subsection (c) to |
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read as follows: |
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(a-1) A person who is 17 years of age or older commits an |
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offense if: |
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(1) the person intentionally or knowingly causes |
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physical contact with a child; and |
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(2) a reasonable person would regard that contact as: |
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(A) offensive and sexual in nature; and |
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(B) likely to precede sexual conduct that is |
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prohibited under Chapter 21 or 22. |
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(c) An offense under Subsection (a)(2) or (3) is a Class C |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the offense is committed |
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under Subsection (a)(3) against an elderly individual or disabled |
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individual[, as those terms are defined by Section 22.04]; or |
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(2) a Class B misdemeanor if the offense is committed |
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by a person who is not a sports participant against a person the |
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actor knows is a sports participant either: |
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(A) while the participant is performing duties or |
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responsibilities in the participant's capacity as a sports |
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participant; or |
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(B) in retaliation for or on account of the |
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participant's performance of a duty or responsibility within the |
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participant's capacity as a sports participant. |
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(c-1) An offense under Subsection (a-1) is a Class A |
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misdemeanor. |
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(c-2) The affirmative defense provided by Section 22.011(e) |
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applies to an offense under Subsection (a-1). |
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SECTION 3. Section 22.01(e), Penal Code, is amended by |
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adding Subdivision (2) to read as follows: |
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(2) "Child," "disabled individual," and "elderly |
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individual" have the meanings assigned by Section 22.04. |
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SECTION 4. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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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 occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |