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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 offense of indecency with a child |
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and the duty of certain professionals to report that offense and to |
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instruction in school districts regarding consent in sexual |
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relationships. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.004, Education Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) The agency shall develop and post on the agency's |
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Internet website instructional materials on consent in sexual |
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relationships that may be used by a school district as part of the |
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district's human sexuality instruction. |
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SECTION 2. Section 261.101, Family Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) A professional is not required to make a report under |
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Subsection (b) concerning information received by the professional |
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that a child has been a victim of an offense under Section 21.11, |
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Penal Code, if the professional has cause to believe that the |
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affirmative defense to prosecution under Section 21.11(b), Penal |
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Code, applies to the conduct. |
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SECTION 3. Section 21.11(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an affirmative defense to prosecution under this |
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section that the actor: |
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(1) was not more than three years older than the victim |
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[and of the opposite sex]; |
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(2) did not use duress, force, or a threat against the |
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victim at the time of the offense; [and] |
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(3) at the time of the offense: |
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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 had a |
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reportable conviction or adjudication for an offense under this |
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section; and |
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(4) was not at the time of the offense in a supervisory |
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position over the victim by virtue of participation by the victim |
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and the actor in an athletic, civic, cultural, religious, or youth |
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camp activity. |
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SECTION 4. The change in law made by this Act applies to an |
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offense committed on or after the effective date of this Act and to |
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any criminal action pending on the effective date of this Act for an |
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offense committed before that effective date. A final conviction |
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for an offense under Section 21.11, Penal Code, that exists on the |
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effective date of this Act is unaffected by this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |