Bill Text: TX HB667 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the prosecution of and punishment for the offense of sexual assault; enhancing a criminal penalty.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB667 Detail]
Download: Texas-2019-HB667-Enrolled.html
| H.B. No. 667 | ||
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| relating to the prosecution of and punishment for the offense of | ||
| sexual assault; enhancing a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act shall be known as Melissa's Law. | ||
| SECTION 2. Sections 22.011(e) and (f), Penal Code, are | ||
| amended to read as follows: | ||
| (e) It is an affirmative defense to prosecution under | ||
| Subsection (a)(2): | ||
| (1) that the actor was the spouse of the child at the | ||
| time of the offense; or | ||
| (2) that: | ||
| (A) the actor was not more than three years older | ||
| than the victim and at the time of the offense: | ||
| (i) was not required under Chapter 62, Code | ||
| of Criminal Procedure, to register for life as a sex offender; or | ||
| (ii) was not a person who under Chapter 62, | ||
| Code of Criminal Procedure, had a reportable conviction or | ||
| adjudication for an offense under this section; and | ||
| (B) the victim: | ||
| (i) was a child of 14 years of age or older; | ||
| and | ||
| (ii) was not: | ||
| (a) a person whom the actor was | ||
| prohibited from marrying or purporting to marry or with whom the | ||
| actor was prohibited from living under the appearance of being | ||
| married under Section 25.01; or | ||
| (b) a person with whom the actor was | ||
| prohibited from engaging in sexual intercourse or deviate sexual | ||
| intercourse under Section 25.02. | ||
| (f) An offense under this section is a felony of the second | ||
| degree, except that an offense under this section is a felony of the | ||
| first degree if the victim was: | ||
| (1) a person whom the actor was prohibited from | ||
| marrying or purporting to marry or with whom the actor was | ||
| prohibited from living under the appearance of being married under | ||
| Section 25.01; or | ||
| (2) a person with whom the actor was prohibited from | ||
| engaging in sexual intercourse or deviate sexual intercourse under | ||
| Section 25.02. | ||
| SECTION 3. The changes in law made by this Act apply 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 when 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, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 667 was passed by the House on April | ||
| 17, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 667 was passed by the Senate on May | ||
| 21, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
