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

Texas House Bill 1344 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Comm_Sub.html



	By: Burkett (Senate Sponsor - Deuell)	H.B. No. 1344
	(In the Senate - Received from the House April 11, 2011;
	April 14, 2011, read first time and referred to Committee on
	Criminal Justice; May 9, 2011, reported favorably by the following
	vote: Yeas 7, Nays 0; May 9, 2011, sent to printer.)


	A BILL TO BE ENTITLED
	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.

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