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.