| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of the offense of sexual assault |
|
|
committed against certain victims. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 22.011(e), Penal Code, is amended to |
|
|
read as follows: |
|
|
(e) It is an affirmative defense to prosecution under |
|
|
Subsection (a)(2): |
|
|
(1) that the actor was the spouse of the child at the |
|
|
time of the offense; or |
|
|
(2) that: |
|
|
(A) the actor was not more than three years older |
|
|
than the victim and at the time of the offense: |
|
|
(i) was not required under Chapter 62, Code |
|
|
of Criminal Procedure, to register for life as a sex offender; or |
|
|
(ii) was not a person who under Chapter 62, |
|
|
Code of Criminal Procedure, had a reportable conviction or |
|
|
adjudication for an offense under this section; and |
|
|
(B) the victim: |
|
|
(i) was a child of 14 years of age or older; |
|
|
[and] |
|
|
(ii) was not a person whom the actor was |
|
|
prohibited from marrying or purporting to marry or with whom the |
|
|
actor was prohibited from living under the appearance of being |
|
|
married under Section 25.01; and |
|
|
(iii) was not physically unable to resist |
|
|
as a result of alcohol or another impairing substance that the actor |
|
|
provided to the victim. |
|
|
SECTION 2. 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 |
|
|
governed 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 was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |