Bill Text: TX HB4015 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to criminal offenses regarding the consumption or possession of alcoholic beverages by a minor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-04 - Comm. report sent to Local & Consent Calendar [HB4015 Detail]
Download: Texas-2017-HB4015-Comm_Sub.html
85R25015 BEE-F | |||
By: Neave | H.B. No. 4015 | ||
Substitute the following for H.B. No. 4015: | |||
By: Moody | C.S.H.B. No. 4015 |
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relating to criminal offenses regarding the consumption or | ||
possession of alcoholic beverages by a minor. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 106.04, Alcoholic Beverage Code, is | ||
amended by adding Subsections (f), (g), and (h) to read as follows: | ||
(f) Except as provided by Subsection (g), Subsection (a) | ||
does not apply to a minor who reports the sexual assault of the | ||
minor or another person, or is the victim of a sexual assault | ||
reported by another person, to: | ||
(1) a health care provider treating the victim of the | ||
sexual assault; | ||
(2) an employee of a law enforcement agency, including | ||
an employee of a campus police department of an institution of | ||
higher education; or | ||
(3) the Title IX coordinator of an institution of | ||
higher education or another employee of the institution responsible | ||
for responding to reports of sexual assault. | ||
(g) A minor is entitled to raise the defense provided by | ||
Subsection (f) in the prosecution of an offense under this section | ||
only if the minor is in violation of this section at the time of the | ||
commission of a sexual assault that is: | ||
(1) reported by the minor under Subsection (f); or | ||
(2) committed against the minor and reported by | ||
another person under Subsection (f). | ||
(h) A minor who commits a sexual assault that is reported | ||
under Subsection (f) is not entitled to raise the defense provided | ||
by Subsection (f) in the prosecution of the minor for an offense | ||
under this section. | ||
SECTION 2. Section 106.05, Alcoholic Beverage Code, is | ||
amended by adding Subsections (e), (f), and (g) to read as follows: | ||
(e) Except as provided by Subsection (f), Subsection (a) | ||
does not apply to a minor who reports the sexual assault of the | ||
minor or another person, or is the victim of a sexual assault | ||
reported by another person, to: | ||
(1) a health care provider treating the victim of the | ||
sexual assault; | ||
(2) an employee of a law enforcement agency, including | ||
an employee of a campus police department of an institution of | ||
higher education; or | ||
(3) the Title IX coordinator of an institution of | ||
higher education or another employee of the institution responsible | ||
for responding to reports of sexual assault. | ||
(f) A minor is entitled to raise the defense provided by | ||
Subsection (e) in the prosecution of an offense under this section | ||
only if the minor is in violation of this section at the time of the | ||
commission of a sexual assault that is: | ||
(1) reported by the minor under Subsection (e); or | ||
(2) committed against the minor and reported by | ||
another person under Subsection (e). | ||
(g) A minor who commits a sexual assault that is reported | ||
under Subsection (e) is not entitled to raise the defense provided | ||
by Subsection (e) in the prosecution of the minor for an offense | ||
under this section. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2017. |