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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of failure to report child abuse or neglect |
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by certain professionals and the statute of limitations for that |
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offense; harmonizing other statute of limitations provisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 12.01, Code of Criminal Procedure, as |
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amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207), |
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422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019), |
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709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635), |
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and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session, |
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2023, is reenacted and amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Articles |
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12.015 and 12.03, felony indictments may be presented within these |
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limits, and not afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault, if: |
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(i) during the investigation of the offense |
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biological matter is collected and the matter: |
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(a) has not yet been subjected to |
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forensic DNA testing; or |
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(b) has been subjected to forensic DNA |
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testing and the testing results show that the matter does not match |
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the victim or any other person whose identity is readily |
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ascertained; or |
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(ii) probable cause exists to believe that |
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the defendant has committed the same or a similar sex offense |
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against five or more victims; |
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(D) continuous sexual abuse of young child or |
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disabled individual under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; |
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(F) an offense involving leaving the scene of a |
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collision under Section 550.021, Transportation Code, if the |
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collision resulted in the death of a person; |
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(G) trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code; |
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(H) continuous trafficking of persons under |
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Section 20A.03, Penal Code; |
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(I) compelling prostitution under Section |
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43.05(a)(2) or (3), Penal Code; [or] |
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(J) tampering with physical evidence under |
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Section 37.09(a)(1) or (d)(1), Penal Code, if: |
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(i) the evidence tampered with is a human |
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corpse, as defined by that section; or |
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(ii) the investigation of the offense shows |
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that a reasonable person in the position of the defendant at the |
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time of the commission of the offense would have cause to believe |
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that the evidence tampered with is related to a criminal homicide |
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under Chapter 19, Penal Code; |
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(K) [(J)] interference with child custody under |
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Section 25.03(a)(3), Penal Code; or |
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(L) [(J)] burglary under Section 30.02, Penal |
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Code, if: |
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(i) the offense is punishable under |
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Subsection (d) of that section because the defendant entered a |
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habitation with the intent to commit an offense under Section |
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22.011 or 22.021, Penal Code; and |
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(ii) during the investigation of the |
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offense biological matter is collected and the matter: |
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(a) has not yet been subjected to |
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forensic DNA testing; or |
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(b) has been subjected to forensic DNA |
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testing and the testing results show that the matter does not match |
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the victim or any other person whose identity is readily |
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ascertained; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which the public servant exercises control in the |
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public servant's official capacity; |
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(C) forgery or the uttering, using, or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1) or (9) [(8)]; |
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(F) arson; |
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(G) trafficking of persons under Section |
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20A.02(a)(1), (2), (3), or (4), Penal Code; or |
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(H) compelling prostitution under Section |
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43.05(a)(1), Penal Code; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) fraudulent securing of document execution; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; |
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(H) exploitation of a child, elderly individual, |
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or disabled individual under Section 32.53, Penal Code; |
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(I) health care fraud under Section 35A.02, Penal |
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Code; |
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(J) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (7); or |
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(K) possession or promotion of child pornography |
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under Section 43.26, Penal Code; |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping; |
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(C) [(B-1)] except as provided by Subdivision |
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(1) or (5), burglary; |
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(D) [(C)] injury to an elderly or disabled |
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individual that is not punishable as a felony of the first degree |
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under Section 22.04, Penal Code; |
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(E) [(D)] abandoning or endangering an [a |
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child,] elderly [individual,] or disabled individual; |
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(F) [(E)] insurance fraud; |
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(G) [(F)] assault under Section 22.01, Penal |
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Code, if the assault was committed against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; |
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(H) [(G)] continuous violence against the family |
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under Section 25.11, Penal Code; or |
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(I) [(H)] aggravated assault under Section |
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22.02, Penal Code; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) kidnapping under Section 20.03, Penal Code, |
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or aggravated kidnapping under Section 20.04, Penal Code; or |
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(B) subject to Subdivision (1)(L) [(1)(J)], |
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burglary under Section 30.02, Penal Code, if the offense is |
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punishable under Subsection (d) of that section because the |
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defendant entered a habitation with the intent to commit an offense |
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described by Subdivision (1)(B) or (D) of this article or Paragraph |
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(A) of this subdivision; |
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(6) 20 years from the 18th birthday of the victim of |
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one of the following offenses: |
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(A) trafficking of a child [persons] under |
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Section 20A.02(a)(5) or (6), Penal Code; or |
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(B) sexual performance by a child under Section |
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43.25, Penal Code; |
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(7) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) injury to a child under Section 22.04, Penal |
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Code; |
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(B) bigamy under Section 25.01, Penal Code, if |
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the investigation of the offense shows that the person, other than |
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the legal spouse of the defendant, whom the defendant marries or |
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purports to marry or with whom the defendant lives under the |
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appearance of being married is younger than 18 years of age at the |
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time the offense is committed; or |
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(C) [(D)] abandoning or endangering a child; |
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(8) [(7)] ten years from the date the offense was |
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discovered: trafficking of a disabled individual under Section |
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20A.02(a)(5) or (6), Penal Code; |
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(9) four years from the date the offense was |
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discovered: failure to report child abuse or neglect if the offense |
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is punishable as a state jail felony under Section 261.109(c), |
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Family Code; |
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(10) [(8)] two years from the date the offense was |
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discovered: sexual assault punishable as a state jail felony under |
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Section 22.011(f)(2), Penal Code; or |
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(11) [(9)] three years from the date of the commission |
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of the offense: all other felonies. |
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SECTION 2. Article 12.02, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), the following charging instruments may be presented within two |
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years from the date of the commission of the offense, and not |
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afterward: |
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(1) an indictment or information for any Class A or |
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Class B misdemeanor; and |
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(2) a complaint or information for any Class C |
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misdemeanor. |
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(c) An indictment or information, as applicable, for |
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failure to report child abuse or neglect may be presented within |
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three years from the date the offense was discovered, and not |
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afterward, if the offense is punishable as a Class A misdemeanor |
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under Section 261.109(c), Family Code. |
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SECTION 3. The change in law made by this Act does not apply |
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to the prosecution of an offense that is punishable under Section |
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261.109(c), Family Code, if the prosecution of that offense becomes |
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barred by limitation before the effective date of this Act. The |
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prosecution of that offense remains barred as if this Act had not |
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taken effect. |
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SECTION 4. This Act takes effect September 1, 2025. |