| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the limitations period for certain criminal offenses |
|
|
involving dating, household, or other family violence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 12.01, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 12.01. FELONIES. Except as provided in Article 12.03, |
|
|
felony indictments may be presented within these limits, and not |
|
|
afterward: |
|
|
(1) no limitation: |
|
|
(A) murder and manslaughter; |
|
|
(B) sexual assault under Section 22.011(a)(2), |
|
|
Penal Code, or aggravated sexual assault under Section |
|
|
22.021(a)(1)(B), Penal Code; |
|
|
(C) sexual assault, if: |
|
|
(i) during the investigation of the offense |
|
|
biological matter is collected and the matter: |
|
|
(a) has not yet been subjected to |
|
|
forensic DNA testing; or |
|
|
(b) has been subjected to forensic DNA |
|
|
testing and the testing results show that the matter does not match |
|
|
the victim or any other person whose identity is readily |
|
|
ascertained; or |
|
|
(ii) probable cause exists to believe that |
|
|
the defendant has committed the same or a similar sex offense |
|
|
against five or more victims; |
|
|
(D) continuous sexual abuse of young child or |
|
|
disabled individual under Section 21.02, Penal Code; |
|
|
(E) indecency with a child under Section 21.11, |
|
|
Penal Code; |
|
|
(F) an offense involving leaving the scene of an |
|
|
accident under Section 550.021, Transportation Code, if the |
|
|
accident resulted in the death of a person; |
|
|
(G) trafficking of persons under Section |
|
|
20A.02(a)(7) or (8), Penal Code; |
|
|
(H) continuous trafficking of persons under |
|
|
Section 20A.03, Penal Code; or |
|
|
(I) compelling prostitution under Section |
|
|
43.05(a)(2), Penal Code; |
|
|
(2) ten years from the date of the commission of the |
|
|
offense: |
|
|
(A) theft of any estate, real, personal or mixed, |
|
|
by an executor, administrator, guardian or trustee, with intent to |
|
|
defraud any creditor, heir, legatee, ward, distributee, |
|
|
beneficiary or settlor of a trust interested in such estate; |
|
|
(B) theft by a public servant of government |
|
|
property over which the public servant exercises control in the |
|
|
public servant's official capacity; |
|
|
(C) forgery or the uttering, using or passing of |
|
|
forged instruments; |
|
|
(D) injury to an elderly or disabled individual |
|
|
punishable as a felony of the first degree under Section 22.04, |
|
|
Penal Code; |
|
|
(E) sexual assault, except as provided by |
|
|
Subdivision (1) or (7); |
|
|
(F) arson; |
|
|
(G) trafficking of persons under Section |
|
|
20A.02(a)(1), (2), (3), or (4), Penal Code; or |
|
|
(H) compelling prostitution under Section |
|
|
43.05(a)(1), Penal Code; |
|
|
(3) seven years from the date of the commission of the |
|
|
offense: |
|
|
(A) misapplication of fiduciary property or |
|
|
property of a financial institution; |
|
|
(B) fraudulent securing of document execution; |
|
|
(C) a felony violation under Chapter 162, Tax |
|
|
Code; |
|
|
(D) false statement to obtain property or credit |
|
|
under Section 32.32, Penal Code; |
|
|
(E) money laundering; |
|
|
(F) credit card or debit card abuse under Section |
|
|
32.31, Penal Code; |
|
|
(G) fraudulent use or possession of identifying |
|
|
information under Section 32.51, Penal Code; |
|
|
(H) exploitation of a child, elderly individual, |
|
|
or disabled individual under Section 32.53, Penal Code; |
|
|
(I) health care fraud under Section 35A.02, Penal |
|
|
Code; or |
|
|
(J) bigamy under Section 25.01, Penal Code, |
|
|
except as provided by Subdivision (6); |
|
|
(4) five years from the date of the commission of the |
|
|
offense: |
|
|
(A) theft or robbery; |
|
|
(B) except as provided by Subdivision (5), |
|
|
kidnapping or burglary; |
|
|
(C) injury to an elderly or disabled individual |
|
|
that is not punishable as a felony of the first degree under Section |
|
|
22.04, Penal Code; |
|
|
(D) abandoning or endangering a child; [or] |
|
|
(E) insurance fraud; |
|
|
(F) assault under Section 22.01, Penal Code, or |
|
|
aggravated assault under Section 22.02, Penal Code, if the assault |
|
|
or aggravated assault was committed against a person whose |
|
|
relationship to or association with the defendant is described by |
|
|
Section 71.0021(b), 71.003, or 71.005, Family Code; or |
|
|
(G) continuous violence against the family under |
|
|
Section 25.11, Penal Code; |
|
|
(5) if the investigation of the offense shows that the |
|
|
victim is younger than 17 years of age at the time the offense is |
|
|
committed, 20 years from the 18th birthday of the victim of one of |
|
|
the following offenses: |
|
|
(A) sexual performance by a child under Section |
|
|
43.25, Penal Code; |
|
|
(B) aggravated kidnapping under Section |
|
|
20.04(a)(4), Penal Code, if the defendant committed the offense |
|
|
with the intent to violate or abuse the victim sexually; or |
|
|
(C) burglary under Section 30.02, Penal Code, if |
|
|
the offense is punishable under Subsection (d) of that section and |
|
|
the defendant committed the offense with the intent to commit an |
|
|
offense described by Subdivision (1)(B) or (D) of this article or |
|
|
Paragraph (B) of this subdivision; |
|
|
(6) ten years from the 18th birthday of the victim of |
|
|
the offense: |
|
|
(A) trafficking of persons under Section |
|
|
20A.02(a)(5) or (6), Penal Code; |
|
|
(B) injury to a child under Section 22.04, Penal |
|
|
Code; or |
|
|
(C) bigamy under Section 25.01, Penal Code, if |
|
|
the investigation of the offense shows that the person, other than |
|
|
the legal spouse of the defendant, whom the defendant marries or |
|
|
purports to marry or with whom the defendant lives under the |
|
|
appearance of being married is younger than 18 years of age at the |
|
|
time the offense is committed; |
|
|
(7) two years from the date the offense was |
|
|
discovered: sexual assault punishable as a state jail felony under |
|
|
Section 22.011(f)(2), Penal Code; or |
|
|
(8) three years from the date of the commission of the |
|
|
offense: all other felonies. |
|
|
SECTION 2. Article 12.02, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 12.02. MISDEMEANORS. (a) Except as provided by |
|
|
Subsection (b), the following charging instruments may be presented |
|
|
within two years from the date of the commission of the offense, and |
|
|
not afterward: |
|
|
(1) an [An] indictment or information for any Class A |
|
|
or Class B misdemeanor; and |
|
|
(2) a [may be presented within two years from the date |
|
|
of the commission of the offense, and not afterward. |
|
|
[(b) A] complaint or information for any Class C |
|
|
misdemeanor. |
|
|
(b) An indictment, information, or complaint, as |
|
|
applicable, for assault under Section 22.01, Penal Code, may be |
|
|
presented within three [two] years from the date of the commission |
|
|
of the offense, and not afterward, if the offense: |
|
|
(1) is punishable as a misdemeanor; and |
|
|
(2) was committed against a person whose relationship |
|
|
to or association with the defendant is described by Section |
|
|
71.0021(b), 71.003, or 71.005, Family Code. |
|
|
SECTION 3. The change in law made by this Act does not apply |
|
|
to an offense if the prosecution of that offense becomes barred by |
|
|
limitation before the effective date of this Act. The prosecution |
|
|
of that offense remains barred as if this Act had not taken effect. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |