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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal offenses regarding the consumption or |
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possession of alcoholic beverages by a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.04, Alcoholic Beverage Code, is |
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amended by adding Subsections (f), (g), and (h) to read as follows: |
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(f) Except as provided by Subsection (g), Subsection (a) |
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does not apply to a minor who reports the sexual assault of the |
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minor or another person, or is the victim of a sexual assault |
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reported by another person, to: |
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(1) a health care provider treating the victim of the |
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sexual assault; |
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(2) an employee of a law enforcement agency, including |
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an employee of a campus police department of an institution of |
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higher education; or |
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(3) the Title IX coordinator of an institution of |
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higher education or another employee of the institution responsible |
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for responding to reports of sexual assault. |
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(g) A minor is entitled to raise the defense provided by |
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Subsection (f) in the prosecution of an offense under this section |
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only if the minor is in violation of this section at the time of the |
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commission of a sexual assault that is: |
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(1) reported by the minor under Subsection (f); or |
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(2) committed against the minor and reported by |
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another person under Subsection (f). |
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(h) A minor who commits a sexual assault that is reported |
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under Subsection (f) is not entitled to raise the defense provided |
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by Subsection (f) in the prosecution of the minor for an offense |
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under this section. |
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SECTION 2. Section 106.05, Alcoholic Beverage Code, is |
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amended by adding Subsections (e), (f), and (g) to read as follows: |
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(e) Except as provided by Subsection (f), Subsection (a) |
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does not apply to a minor who reports the sexual assault of the |
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minor or another person, or is the victim of a sexual assault |
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|
reported by another person, to: |
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|
(1) a health care provider treating the victim of the |
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|
sexual assault; |
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(2) an employee of a law enforcement agency, including |
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|
an employee of a campus police department of an institution of |
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|
higher education; or |
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|
(3) the Title IX coordinator of an institution of |
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|
higher education or another employee of the institution responsible |
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|
for responding to reports of sexual assault. |
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|
(f) A minor is entitled to raise the defense provided by |
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Subsection (e) in the prosecution of an offense under this section |
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only if the minor is in violation of this section at the time of the |
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commission of a sexual assault that is: |
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|
(1) reported by the minor under Subsection (e); or |
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|
(2) committed against the minor and reported by |
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another person under Subsection (e). |
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(g) A minor who commits a sexual assault that is reported |
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under Subsection (e) is not entitled to raise the defense provided |
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by Subsection (e) in the prosecution of the minor for an offense |
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under this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |