84R1847 KJE-F
 
  By: González, Moody, et al. H.B. No. 71
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the offense of indecency with a
  child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.11(b), Penal Code, is amended to read
  as follows:
         (b)  It is an affirmative defense to prosecution under this
  section that the actor:
               (1)  was not more than three years older than the victim
  [and of the opposite sex];
               (2)  did not use duress, force, or a threat against the
  victim at the time of the offense; and
               (3)  at the time of the offense:
                     (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 had a
  reportable conviction or adjudication for an offense under this
  section.
         SECTION 2.  The change in law made by this Act applies to an
  offense committed on or after the effective date of this Act and to
  any criminal action pending on the effective date of this Act for an
  offense committed before that effective date.  A final conviction
  for an offense under Section 21.11, Penal Code, that exists on the
  effective date of this Act is unaffected by this Act.
         SECTION 3.  This Act takes effect September 1, 2015.