Bill Text: TX SB966 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to criminal offenses regarding the consumption or possession of alcoholic beverages by a minor.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-05-27 - Effective on 9/1/17 [SB966 Detail]
Download: Texas-2017-SB966-Enrolled.html
S.B. No. 966 |
|
||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 966 passed the Senate on | ||
April 26, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 966 passed the House on | ||
May 19, 2017, by the following vote: Yeas 143, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |