Bill Text: TX HB1344 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to certain defenses to prosecution for the offense of sale, distribution, or display of harmful material to a minor.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1344 Detail]

Download: Texas-2011-HB1344-Enrolled.html

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H.B. No. 1344

AN ACT
relating to certain defenses to prosecution for the offense of
sale, distribution, or display of harmful material to a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.24, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) It is an affirmative [a] defense to prosecution under
this section that[:
[(1)] the sale, distribution, or exhibition was by a
person having scientific, educational, governmental, or other
similar justification[; or
[(2) the sale, distribution, or exhibition was to a
minor who was accompanied by a consenting parent, guardian, or
spouse].
(c-1) It is a defense to prosecution under this section that
the actor was the spouse of the minor at the time of the offense.
SECTION 2. 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 at the time 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1344 was passed by the House on April
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1344 was passed by the Senate on May
17, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor