| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to registration as a sex offender as a consequence of a |
|
|
conviction of and to the statute of limitations for certain sexual |
|
|
offenses committed against victims who are younger than 21 years of |
|
|
age. |
|
|
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, if during the investigation |
|
|
of the offense biological matter is collected and 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 |
|
|
(C) 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; |
|
|
(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 he exercises control in his official capacity; |
|
|
(C) forgery or the uttering, using or passing of |
|
|
forged instruments; |
|
|
(D) injury to a child, elderly individual, 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 (5); [or] |
|
|
(F) arson; or |
|
|
(G) improper relationship between educator and |
|
|
student; |
|
|
(3) seven years from the date of the commission of the |
|
|
offense: |
|
|
(A) misapplication of fiduciary property or |
|
|
property of a financial institution; |
|
|
(B) securing execution of document by deception; |
|
|
or |
|
|
(C) a violation under Sections 162.403(22)-(39), |
|
|
Tax Code; |
|
|
(4) five years from the date of the commission of the |
|
|
offense: |
|
|
(A) theft, burglary, robbery; |
|
|
(B) kidnapping; |
|
|
(C) injury to a child, elderly individual, 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; |
|
|
(5) ten years from the 18th birthday of the victim of |
|
|
the offense: |
|
|
(A) indecency with a child under Section |
|
|
21.11(a)(1) or (2), Penal Code; or |
|
|
(B) except as provided by Subdivision (1), sexual |
|
|
assault under Section 22.011(a)(2), Penal Code, or aggravated |
|
|
sexual assault under Section 22.021(a)(1)(B), Penal Code; [or] |
|
|
(6) ten years from the 21st birthday of the victim of |
|
|
the offense of improper sexual activity with person in custody |
|
|
under Section 39.04(a)(2), Penal Code, if the victim was younger |
|
|
than 21 years of age at the time the offense was committed; or |
|
|
(7) three years from the date of the commission of the |
|
|
offense: all other felonies. |
|
|
SECTION 2. Article 62.001(5), Code of Criminal Procedure, |
|
|
as renumbered from former Article 62.01(5), Code of Criminal |
|
|
Procedure, and amended by Chapter 1008, Acts of the 79th |
|
|
Legislature, Regular Session, 2005, is reenacted and amended to |
|
|
conform to an amendment to former Article 62.01(5) by Chapter 1273, |
|
|
Acts of the 79th Legislature, Regular Session, 2005, and is further |
|
|
amended to read as follows: |
|
|
(5) "Reportable conviction or adjudication" means a |
|
|
conviction or adjudication, including an adjudication of |
|
|
delinquent conduct or a deferred adjudication, that, regardless of |
|
|
the pendency of an appeal, is a conviction for or an adjudication |
|
|
for or based on: |
|
|
(A) a violation of Section 21.11 (Indecency with |
|
|
a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
|
|
assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
|
|
(B) a violation of Section 43.05 (Compelling |
|
|
prostitution), 43.25 (Sexual performance by a child), or 43.26 |
|
|
(Possession or promotion of child pornography), Penal Code; |
|
|
(C) a violation of Section 20.04(a)(4) |
|
|
(Aggravated kidnapping), Penal Code, if the actor committed the |
|
|
offense or engaged in the conduct with intent to violate or abuse |
|
|
the victim sexually; |
|
|
(D) a violation of Section 30.02 (Burglary), |
|
|
Penal Code, if the offense or conduct is punishable under |
|
|
Subsection (d) of that section and the actor committed the offense |
|
|
or engaged in the conduct with intent to commit a felony listed in |
|
|
Paragraph (A) or (C); |
|
|
(E) a violation of Section 20.02 (Unlawful |
|
|
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
|
|
Penal Code, if, as applicable: |
|
|
(i) the judgment in the case contains an |
|
|
affirmative finding under Article 42.015; or |
|
|
(ii) the order in the hearing or the papers |
|
|
in the case contain an affirmative finding that the victim or |
|
|
intended victim was younger than 17 years of age; |
|
|
(F) the second violation of Section 21.08 |
|
|
(Indecent exposure), Penal Code, but not if the second violation |
|
|
results in a deferred adjudication; |
|
|
(G) an attempt, conspiracy, or solicitation, as |
|
|
defined by Chapter 15, Penal Code, to commit an offense or engage in |
|
|
conduct listed in Paragraph (A), (B), (C), (D), [or] (E), (K), or |
|
|
(L); |
|
|
(H) a violation of the laws of another state, |
|
|
federal law, the laws of a foreign country, or the Uniform Code of |
|
|
Military Justice for or based on the violation of an offense |
|
|
containing elements that are substantially similar to the elements |
|
|
of an offense listed under Paragraph (A), (B), (C), (D), (E), [or] |
|
|
(G), (J), (K), or (L), but not if the violation results in a |
|
|
deferred adjudication; [or] |
|
|
(I) the second violation of the laws of another |
|
|
state, federal law, the laws of a foreign country, or the Uniform |
|
|
Code of Military Justice for or based on the violation of an offense |
|
|
containing elements that are substantially similar to the elements |
|
|
of the offense of indecent exposure, but not if the second violation |
|
|
results in a deferred adjudication; |
|
|
(J) a violation of Section 33.021 (Online |
|
|
solicitation of a minor), Penal Code; |
|
|
(K) a violation of Section 21.12 (Improper |
|
|
relationship between educator and student), Penal Code, if the |
|
|
victim of the offense was a resident at a secure correctional |
|
|
facility or a secure detention facility described by Section 51.02, |
|
|
Family Code, and the actor was an employee of or worked in the |
|
|
secure facility at the time the offense was committed; or |
|
|
(L) a violation of Section 39.04(a)(2) (Improper |
|
|
sexual activity with person in custody), Penal Code, if the victim |
|
|
was younger than 21 years of age at the time the offense was |
|
|
committed. |
|
|
SECTION 3. (a) The changes in law made by this Act in |
|
|
amending Chapter 62, Code of Criminal Procedure, apply to a person |
|
|
who is subject to Chapter 62, Code of Criminal Procedure, on or |
|
|
after the effective date of this Act, regardless of whether the |
|
|
applicable offense or conduct occurs before, on, or after the |
|
|
effective date of this Act. |
|
|
(b) The change in law made by this Act to Article 12.01, Code |
|
|
of Criminal Procedure, 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, 2007. |