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  H.B. No. 184
 
AN ACT
relating to an exception to consent as a defense to assaultive
conduct.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 22.06, Penal Code, is amended to read as
follows:
       Sec. 22.06.  CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT.  (a)  
The victim's effective consent or the actor's reasonable belief
that the victim consented to the actor's conduct is a defense to
prosecution under Section 22.01 (Assault), 22.02 (Aggravated
Assault), or 22.05 (Deadly Conduct) if:
             (1)  the conduct did not threaten or inflict serious
bodily injury; or
             (2)  the victim knew the conduct was a risk of:
                   (A)  his occupation;
                   (B)  recognized medical treatment; or
                   (C)  a scientific experiment conducted by
recognized methods.
       (b)  The defense to prosecution provided by Subsection (a) is
not available to a defendant who commits an offense described by
Subsection (a) as a condition of the defendant's or the victim's
initiation or continued membership in a criminal street gang, as
defined by Section 71.01.
       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
covered 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 is committed before the effective date of
this Act if any element of the offense occurs before the effective
date.
       SECTION 3.  This Act takes effect September 1, 2007.
____________________________________________________________
   President of the SenateSpeaker of the House      
       I certify that H.B. No. 184 was passed by the House on April
12, 2007, by the following vote:  Yeas 136, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House   
       I certify that H.B. No. 184 was passed by the Senate on May
15, 2007, by the following vote:  Yeas 31, Nays 0.
______________________________
Secretary of the Senate    
APPROVED:  _____________________
APPROVED:  _____________________
                   Date          
 
 
          _____________________
                 Governor