Bill Text: TX HB331 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 331 (Prior Session Legislation)

Introduced

Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-03-14 - Referred directly to s/c on Educator Quality by chair [HB331 Detail]

Download: Texas-2017-HB331-Introduced.html

	85R2164 KJE-F

	By: González of El Paso	H.B. No. 331



	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.