|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution of the offense of indecency with a child |
|
and the duty of certain professionals to report that offense and to |
|
instruction in school districts regarding consent in sexual |
|
relationships. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 28.004, Education Code, is amended by |
|
adding Subsection (e-1) to read as follows: |
|
(e-1) The agency shall develop and post on the agency's |
|
Internet website instructional materials on consent in sexual |
|
relationships that may be used by a school district as part of the |
|
district's human sexuality instruction. |
|
SECTION 2. Section 261.101, Family Code, is amended by |
|
adding Subsection (b-2) to read as follows: |
|
(b-2) A professional is not required to make a report under |
|
Subsection (b) concerning information received by the professional |
|
that a child has been a victim of an offense under Section 21.11, |
|
Penal Code, if the professional has cause to believe that the |
|
affirmative defense to prosecution under Section 21.11(b), Penal |
|
Code, applies to the conduct. |
|
SECTION 3. 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; and |
|
(4) was not at the time of the offense in a supervisory |
|
position over the victim by virtue of participation by the victim |
|
and the actor in an athletic, civic, cultural, religious, or youth |
|
camp activity. |
|
SECTION 4. 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 5. This Act takes effect September 1, 2017. |