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AN ACT
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relating to the prosecution of and punishment for the offense of |
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sexual assault; enhancing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Melissa's Law. |
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SECTION 2. Sections 22.011(e) and (f), Penal Code, are |
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amended to read as follows: |
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(e) It is an affirmative defense to prosecution under |
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Subsection (a)(2): |
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(1) that the actor was the spouse of the child at the |
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time of the offense; or |
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(2) that: |
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(A) the actor was not more than three years older |
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than the victim and at the time of the offense: |
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(i) was not required under Chapter 62, Code |
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of Criminal Procedure, to register for life as a sex offender; or |
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(ii) was not a person who under Chapter 62, |
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Code of Criminal Procedure, had a reportable conviction or |
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adjudication for an offense under this section; and |
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(B) the victim: |
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(i) was a child of 14 years of age or older; |
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and |
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(ii) was not: |
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(a) a person whom the actor was |
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prohibited from marrying or purporting to marry or with whom the |
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actor was prohibited from living under the appearance of being |
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married under Section 25.01; or |
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(b) a person with whom the actor was |
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prohibited from engaging in sexual intercourse or deviate sexual |
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intercourse under Section 25.02. |
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(f) An offense under this section is a felony of the second |
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degree, except that an offense under this section is a felony of the |
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first degree if the victim was: |
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(1) a person whom the actor was prohibited from |
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marrying or purporting to marry or with whom the actor was |
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prohibited from living under the appearance of being married under |
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Section 25.01; or |
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(2) a person with whom the actor was prohibited from |
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engaging in sexual intercourse or deviate sexual intercourse under |
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Section 25.02. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 667 was passed by the House on April |
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17, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 667 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |