BILL ANALYSIS

H.B. 1769

By: Meyer

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, the statute of limitations for the offense of trafficking of a child with the intent that the trafficked child engage in forced labor or services is 10 years from the 18th birthday of the victim of the offense. Similarly, the statute of limitations for an offense for sexual performance by a child is 20 years from the victim's 18th birthday, if the investigation of the offense shows that the victim was younger than 17 years of age at the time the offense was committed. However, the statute does not seem to provide for victims who are 17 years of age at the time the offense was committed. Concerns have been raised that the statute of limitations for these offenses is either too short of a time to allow children who are victims to come forward or does not fully address certain victims. H.B. 1769 seeks to address these concerns by extending the statute of limitations period for certain offenses committed against children and making related revisions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1769 amends the Code of Criminal Procedure to extend the statute of limitations period for trafficking a child with the intent that the trafficked child engage in forced labor or services or knowingly receiving a benefit from participating in a venture that involves such trafficking, including forced labor or services, from 10 years within the 18th birthday of the victim of the offense to 20 years within the 18th birthday of the victim. The bill removes the condition on the statute of limitations period for sexual performance by a child that the victim be younger than 17 years of age at the time of the offense, setting the statute of limitations period at 20 years within the 18th birthday of the victim, regardless of the age of the child at the time of the offense.

H.B. 1769 does not apply to an offense if the prosecution of that offense becomes barred by limitation before the bill's effective date.

EFFECTIVE DATE

September 1, 2023