HBA-CBW S.B. 1295 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1295
By: Van de Putte
Criminal Jurisprudence
4/30/2001
Engrossed



BACKGROUND AND PURPOSE 

Current state law defines statutory rape as consensual sex between two
people of the opposite sex,  more than three years apart, and with one
person under the age of 17.   Senate Bill 1295 provides a defense to
prosecution if the actor was younger than 20, the victim was 14 years of
age or older, and the actor reasonably believed that the victim was not
more than three years younger than the actor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1295 amends the Penal Code to provide that in a case relating
to  indecency with a child  it is a defense to prosecution that: 

  _the victim was of the opposite sex of the actor;

  _at the time of the offense the victim was 14 years of age or older and
the actor was younger than 20 years of age; and  

  _the actor through mistake formed a reasonable belief that the victim was
not more than three years younger than the actor. 

EFFECTIVE DATE

September 1, 2001.