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A BILL TO BE ENTITLED
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AN ACT
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relating to the statute of limitations for tampering with certain |
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physical evidence. |
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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, is |
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amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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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 an |
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accident under Section 550.021, Transportation Code, if the |
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accident 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; [or] |
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(I) compelling prostitution under Section |
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43.05(a)(2), 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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(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 (7); |
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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; or |
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(J) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (6); |
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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 or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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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) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) trafficking of persons under Section |
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20A.02(a)(5) or (6), Penal Code; |
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(B) injury to a child under Section 22.04, Penal |
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Code; or |
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(C) 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; |
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(7) 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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(8) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 2. Article 12.01, Code of Criminal Procedure, as |
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amended by this Act, does not apply to an offense if the prosecution |
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of that offense becomes barred by limitation before the effective |
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date of this Act. The prosecution of that offense remains barred as |
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if this Act had not taken effect. |
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SECTION 3. This Act takes effect September 1, 2023. |