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  H.B. No. 667
 
 
 
 
AN ACT
  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