89R4474 AJZ-F

By: Thompson H.B. No. 1778

A BILL TO BE ENTITLED

AN ACT

relating to human trafficking, prostitution, and child pornography and to the prosecution of sexual or assaultive offenses or the prosecution of a failure to stop or report those offenses; amending and harmonizing certain statute of limitations provisions; creating a criminal offense; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. HUMAN TRAFFICKING

SECTION 1.01. Section 402.034(c), Government Code, is amended to read as follows:

(c) The council is composed of the following:

(1) the governor or the governor's designee;

(2) the attorney general or the attorney general's designee;

(3) the commissioner of the Department of Family and Protective Services or the commissioner's designee;

(4) the public safety director of the Department of Public Safety or the director's designee;

(5) one representative from each of the following state agencies, appointed by the chief administrative officer of the respective agency:

(A) the Texas Workforce Commission;

(B) the Texas Alcoholic Beverage Commission;

(C) the Parks and Wildlife Department;

(D) the Texas Department of Licensing and Regulation;

(E) the Texas Education Agency; [and]

(F) the Texas Department of Transportation; and

(G) the Office of Court Administration of the Texas Judicial System; and

(6) one representative of any other state agency appointed by the chief administrative officer of the agency, if the council determines that a representative from the state agency is a necessary member of the council.

SECTION 1.02. Section 402.0351(a), Government Code, is amended by amending Subdivision (1) and adding Subdivision (1-a) to read as follows:

(1) "Body piercing studio" has the meaning assigned by Section 146.001, Health and Safety Code.

(1-a) "Cosmetology facility" means a person who holds a license to operate a facility or school under Chapter 1603 [1602], Occupations Code, where cosmetology is practiced.

SECTION 1.03. Section 402.0351(a-1), Government Code, is amended to read as follows:

(a-1) Except as provided by Subsection (a-3), a person who operates any of the following entities shall post at the entity the sign prescribed under Subsection (b), or, if applicable, a similar sign or notice as prescribed by other state law:

(1) an entity permitted or licensed under Chapter 25, 26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity holding a food and beverage certificate;

(2) a cosmetology facility;

(3) a hospital;

(4) a massage establishment;

(5) a massage school;

(6) a sexually oriented business;

(7) a tattoo studio; [or]

(8) a transportation hub; or

(9) a body piercing studio.

SECTION 1.04. Chapter 146, Health and Safety Code, is amended by adding Section 146.0075 to read as follows:

Sec. 146.0075. REQUIRED HUMAN TRAFFICKING TRAINING. (a) Each employee of a tattoo studio or body piercing studio within the time prescribed by rules adopted by the executive commissioner shall complete a training course approved by the executive commissioner on identifying and assisting victims of human trafficking.

(b) The executive commissioner shall approve training courses on human trafficking prevention, including at least one course that is available without charge. The department shall post the list of the approved training courses on the department's Internet website.

(c) A tattoo studio or body piercing studio shall post signs relating to human trafficking as required by Section 402.0351, Government Code.

SECTION 1.05. Subchapter G, Chapter 1603, Occupations Code, is amended by adding Section 1603.302 to read as follows:

Sec. 1603.302. CONTINUING EDUCATION REGARDING HUMAN TRAFFICKING. The commission shall adopt rules requiring a license holder to complete continuing education on identifying and assisting victims of human trafficking.

SECTION 1.06. Section 20A.02(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person knowingly:

(1) traffics another person with the intent that the trafficked person engage in forced labor or services;

(2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;

(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:

(A) Section 43.02 (Prostitution);

(B) Section 43.03 (Promotion of Prostitution);

(B-1) Section 43.031 (Online Promotion of Prostitution);

(C) Section 43.04 (Aggravated Promotion of Prostitution);

(C-1) Section 43.041 (Aggravated Online Promotion of Prostitution); or

(D) Section 43.05 (Compelling Prostitution);

(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);

(5) traffics a child or disabled individual with the intent that the trafficked child or disabled individual engage in forced labor or services, regardless of whether the person knows the age of the child or whether the person knows the victim is disabled;

(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services, regardless of whether the person knows the age of the child or whether the person knows the victim is disabled;

(7) traffics a child or disabled individual, regardless of whether the person knows the age of the child or whether the person knows the victim is disabled, and by any means causes the trafficked child or disabled individual to engage in, or become the victim of, conduct prohibited by:

(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);

(B) Section 21.11 (Indecency with a Child);

(C) Section 22.011 (Sexual Assault);

(D) Section 22.021 (Aggravated Sexual Assault);

(E) Section 43.02 (Prostitution);

(E-1) Section 43.021 (Solicitation of Prostitution);

(F) Section 43.03 (Promotion of Prostitution);

(F-1) Section 43.031 (Online Promotion of Prostitution);

(G) Section 43.04 (Aggravated Promotion of Prostitution);

(G-1) Section 43.041 (Aggravated Online Promotion of Prostitution);

(H) Section 43.05 (Compelling Prostitution);

(I) Section 43.25 (Sexual Performance by a Child);

(J) Section 43.251 (Employment Harmful to Children); or

(K) Section 43.26 (Possession or Promotion of Child Pornography); or

(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child or disabled individual trafficked in the manner described in Subdivision (7), regardless of whether the person knows the age of the child or whether the person knows the victim is disabled.

SECTION 1.07. Section 20A.02(b), Penal Code, as amended by Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

(b) Except as otherwise provided by this subsection and Subsection (b-1), an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:

(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8)[, regardless of whether the actor knows the age of the child or whether the actor knows the victim is disabled at the time of the offense];

(2) the commission of the offense results in serious bodily injury to or the death of the person who is trafficked; [or]

(3) the commission of the offense results in the death of an unborn child of the person who is trafficked; or

(4) the actor:

(A) used or exhibited a deadly weapon during the commission of the offense; or

(B) intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood of the trafficked person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth.

SECTION 1.08. Section 20A.02(b-1), Penal Code, as amended by Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

(b-1) An offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 25 years if it is shown on the trial of the offense that the actor committed the offense in a location that was:

(1) on the premises of or within 1,000 feet of the premises of:

(A) a school; [or]

(B) an institution of higher education or private or independent institution of higher education, as defined by Section 61.003, Education Code; [or]

(C) a juvenile detention facility;

(D) [(C)] a post-adjudication secure correctional facility;

(E) [(D)] a shelter or facility operating as a residential treatment center that serves runaway youth, foster children, people who are homeless, or persons subjected to human trafficking, domestic violence, or sexual assault;

(F) [(E)] a community center offering youth services and programs; or

(G) [(F)] a child-care facility, as defined by Section 42.002, Human Resources Code; or

(2) on the premises where or within 1,000 feet of the premises where:

(A) an official school function was taking place; or

(B) an event sponsored or sanctioned by the University Interscholastic League was taking place.

SECTION 1.09. The changes in law made by this article to Chapter 20A, Penal Code, apply only to an offense committed on or after September 1, 2025. An offense committed before September 1, 2025, is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2025, if any element of the offense occurred before that date.

SECTION 1.10. As soon as practicable after September 1, 2025, the Office of Court Administration of the Texas Judicial System shall appoint a representative as required by Section 402.034(c), Government Code, as amended by this article.

SECTION 1.11. As soon as practicable after September 1, 2025:

(1) the executive commissioner of the Health and Human Services Commission shall:

(A) approve human trafficking prevention training courses as provided by Section 146.0075(b), Health and Safety Code, as added by this article; and

(B) adopt rules necessary to implement Section 146.0075, Health and Safety Code, as added by this article; and

(2) the Department of State Health Services shall post on its Internet website the list of human trafficking prevention courses approved by the executive commissioner of the Health and Human Services Commission under Section 146.0075(b), Health and Safety Code, as added by this article.

SECTION 1.12. As soon as practicable after September 1, 2025, the Texas Commission of Licensing and Regulation shall adopt the rules required by Section 1603.302, Occupations Code, as added by this article.

SECTION 1.13. An employee of a tattoo studio or body piercing studio is not required to complete a training course as required by Section 146.0075(a), Health and Safety Code, as added by this article, before January 1, 2026.

ARTICLE 2. PROSTITUTION

SECTION 2.01. Section 43.021(b), Penal Code, is amended to read as follows:

(b) An offense under Subsection (a) is a state jail felony, except that the offense is:

(1) a felony of the third degree if the actor has previously been convicted of an offense under Subsection (a) or under Section 43.02(b), as that law existed before September 1, 2021; or

(2) a felony of the second degree if the person with respect to whom the actor offers or agrees to engage [pay the fee for the purpose of engaging] in sexual conduct is:

(A) younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;

(B) represented to the actor as being younger than 18 years of age; or

(C) believed by the actor to be younger than 18 years of age.

SECTION 2.02. Subchapter A, Chapter 43, Penal Code, is amended by adding Section 43.032 to read as follows:

Sec. 43.032. CONTINUOUS PROMOTION OF PROSTITUTION. (a) A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 43.03.

(b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 43.03 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, engaged two or more times in conduct that constituted an offense under Section 43.03.

(c) If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 43.03, a defendant may not be convicted of the offense under Section 43.03 in the same criminal action as the offense under Subsection (a), unless the offense under Section 43.03:

(1) is charged in the alternative;

(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).

(d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 43.03 is alleged to have been committed against the same victim.

(e) An offense under this section is a felony of the first degree.

SECTION 2.03. Article 17.081, Code of Criminal Procedure, is amended to read as follows:

Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety.

SECTION 2.04. Article 17.465(b), Code of Criminal Procedure, is amended to read as follows:

(b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not:

(1) communicate directly or indirectly with the victim; or

(2) go to or near:

(A) the residence, place of employment, or business of the victim; or

(B) if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.

SECTION 2.05. Article 42A.054(e), Code of Criminal Procedure, is amended to read as follows:

(e) Notwithstanding Subsection (a), with respect to an offense committed by a defendant under Section 43.04 or 43.05, Penal Code, a judge may place the defendant on community supervision as permitted by Article 42A.053 if the judge makes a finding that the defendant committed the offense solely as a victim of an offense under Section 20A.02, 20A.03, 43.03, 43.032, 43.04, or 43.05, Penal Code.

SECTION 2.06. Article 56B.003(13), Code of Criminal Procedure, is amended to read as follows:

(13) "Trafficking of persons" means any offense that results in a person engaging in forced labor or services, including sexual conduct, and that may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code.

SECTION 2.07. Article 58.051(11), Code of Criminal Procedure, is amended to read as follows:

(11) "Trafficking of persons" means any conduct that:

(A) constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code; and

(B) results in a person:

(i) engaging in forced labor or services; or

(ii) otherwise becoming a victim of the offense.

SECTION 2.08. Section 169.002(b), Health and Safety Code, is amended to read as follows:

(b) A defendant is eligible to participate in a first offender solicitation of prostitution prevention program established under this chapter only if:

(1) the attorney representing the state consents to the defendant's participation in the program; and

(2) the court in which the criminal case is pending finds that the defendant has not been previously convicted of:

(A) an offense under Section 20A.02, 43.02(b), as that law existed before September 1, 2021, 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code;

(B) an offense listed in Article 42A.054(a), Code of Criminal Procedure; or

(C) an offense punishable as a felony under Chapter 481.

SECTION 2.09. Section 455.005(c), Occupations Code, is amended to read as follows:

(c) A political subdivision may not adopt a regulation of the type described by Subsection (b) that is more restrictive for massage establishments than for other health care establishments, except that a more restrictive regulation of the type described by Subsection (b) may be adopted:

(1) as provided by Chapter 243, Local Government Code; or

(2) if the regulation relates to the location, ownership, hours of operation, or operation of a massage establishment:

(A) where three or more arrests have occurred or citations in lieu of arrest have been issued for an offense under Section 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or 71.02, Penal Code, that was committed at the massage establishment;

(B) where an offense under Chapter 20A, or Section 34.02, 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or 71.02, Penal Code, was committed that resulted in a conviction;

(C) that is operating at a location where another massage establishment against which a sanction was imposed for a violation of this chapter previously operated; or

(D) that is operating at a location where another massage establishment owned or operated by an individual against whom a sanction was imposed for a violation of this chapter previously operated.

SECTION 2.10. Section 455.152, Occupations Code, as amended by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not eligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the person is an individual and has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for:

(1) an offense under Chapter 20A, Penal Code [Section 22.011 or 22.021 Penal Code], or Section 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code; [or]

(2) an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense described by Subdivision (1); or

(3) an offense under Section 22.011 or 22.021, Penal Code.

SECTION 2.11. Section 455.251(b), Occupations Code, is amended to read as follows:

(b) The commission or executive director shall revoke the license of a person licensed as a massage therapist or massage therapy instructor if:

(1) the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for:

(A) an offense under Chapter 20A, Penal Code, or Section 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code; or

(B) an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense described by Paragraph (A); or

(2) the commission or executive director determines the person has practiced or administered massage therapy at or for a sexually oriented business.

SECTION 2.12. The change in law made by this article to Section 43.021(b), Penal Code, applies only to an offense committed on or after September 1, 2025. An offense committed before September 1, 2025, is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2025, if any element of the offense occurred before that date.

ARTICLE 3. CHILD PORNOGRAPHY

SECTION 3.01. Section 43.26(d), Penal Code, as amended by Chapters 93 (S.B. 1527) and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

(d) An offense under Subsection (a) is:

(1) a felony of the third degree if the person possesses visual material that contains fewer than 10 [100] visual depictions of a child as described by Subsection (a)(1);

(2) a felony of the second degree if the person possesses visual material that contains 10 [100] or more visual depictions of a child as described by Subsection (a)(1) but fewer than 50 [500] such depictions;

(3) a felony of the first degree if the person:

(A) possesses visual material that contains 50 [500] or more visual depictions of a child as described by Subsection (a)(1); or

(B) possesses visual material of conduct constituting an offense under Section 22.011(a)(2); or

(4) a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years if it is shown on the trial of the offense that, at the time of the offense, the person was:

(A) an employee at a child-care facility or a residential child-care facility, as those terms are defined by Section 42.002, Human Resources Code;

(B) an employee at a residential treatment facility established under Section 221.056, Human Resources Code;

(C) an employee at a shelter or facility that serves youth and that receives state funds; or

(D) receiving state funds for the care of a child depicted by the visual material.

SECTION 3.02. Section 43.26(g), Penal Code, is amended to read as follows:

(g) An offense under Subsection (e) is a felony of the first [second] degree, except that the offense is a felony of the first degree with a minimum term of confinement of 15 years if:

(1) the person promotes or possesses with intent to promote:

(A) visual material that contains 50 or more visual depictions of a child as described by Subsection (a)(1); or

(B) visual material of conduct constituting an offense under Section 22.011(a)(2); and

(2) it is shown on the trial of the offense that the person has been previously convicted of an offense under this section [that subsection].

SECTION 3.03. The following provisions of the Penal Code are repealed:

(1) Section 43.26(d-1), as added by Chapter 93 (S.B. 1527), Acts of the 88th Legislature, Regular Session, 2023; and

(2) Section 43.26(d-2).

SECTION 3.04. The changes in law made by this article to Section 43.26, Penal Code, apply only to an offense committed on or after September 1, 2025. An offense committed before September 1, 2025, is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2025, if any element of the offense was committed before that date.

ARTICLE 4. PROSECUTION OF SEXUAL OR ASSAULTIVE OFFENSES OR

PROSECUTION OF FAILURE TO STOP OR REPORT THOSE OFFENSES

SECTION 4.01. Article 12.01, Code of Criminal Procedure, as amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207), 422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019), 709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635), and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

Art. 12.01. FELONIES. Except as provided in Articles 12.015 and 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 a collision under Section 550.021, Transportation Code, if the collision 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;

(I) compelling prostitution under Section 43.05(a)(2) or (3), Penal Code; [or]

(J) tampering with physical evidence under Section 37.09(a)(1) or (d)(1), Penal Code, if:

(i) the evidence tampered with is a human corpse, as defined by that section; or

(ii) the investigation of the offense shows that a reasonable person in the position of the defendant at the time of the commission of the offense would have cause to believe that the evidence tampered with is related to a criminal homicide under Chapter 19, Penal Code;

(K) [(J)] interference with child custody under Section 25.03(a)(3), Penal Code;

(L) [(J)] burglary under Section 30.02, Penal Code, if:

(i) the offense is punishable under Subsection (d) of that section because the defendant entered a habitation with the intent to commit an offense under Section 22.011 or 22.021, Penal Code; and

(ii) 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;

(M) failure to stop or report sexual or assaultive offense against child under Section 38.17, Penal Code; or

(N) continuous promotion of prostitution under Section 43.032, 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 (9) [(8)];

(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;

(J) bigamy under Section 25.01, Penal Code, except as provided by Subdivision (7); or

(K) possession or promotion of child pornography under Section 43.26, Penal Code;

(4) five years from the date of the commission of the offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5), kidnapping;

(C) [(B-1)] except as provided by Subdivision (1) or (5), burglary;

(D) [(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;

(E) [(D)] abandoning or endangering an [a child,] elderly [individual,] or disabled individual;

(F) [(E)] insurance fraud;

(G) [(F)] assault under Section 22.01, Penal Code, if the 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;

(H) [(G)] continuous violence against the family under Section 25.11, Penal Code; or

(I) [(H)] aggravated assault under Section 22.02, 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) kidnapping under Section 20.03, Penal Code, or aggravated kidnapping under Section 20.04, Penal Code; or

(B) subject to Subdivision (1)(L) [(1)(J)], burglary under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section because the defendant entered a habitation with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (A) of this subdivision;

(6) 20 years from the 18th birthday of the victim of one of the following offenses:

(A) trafficking of a child [persons] under Section 20A.02(a)(5) or (6), Penal Code; or

(B) sexual performance by a child under Section 43.25, Penal Code;

(7) ten years from the 18th birthday of the victim of the offense:

(A) injury to a child under Section 22.04, Penal Code;

(B) 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; or

(C) [(D)] abandoning or endangering a child;

(8) [(7)] ten years from the date the offense was discovered: trafficking of a disabled individual under Section 20A.02(a)(5) or (6), Penal Code;

(9) [(8)] 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

(10) [(9)] three years from the date of the commission of the offense: all other felonies.

SECTION 4.02. Section 2(a), Article 38.072, Code of Criminal Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B. 2846), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(a) This article applies only to statements that:

(1) describe:

(A) the alleged offense; or

(B) if the statement is offered during the punishment phase of the proceeding, a crime, wrong, or act other than the alleged offense that is:

(i) described by Section 1;

(ii) allegedly committed by the defendant against the child or person with a disability who is the victim of the offense or against another person who is a child younger than 18 [14] years of age or a person with a disability; and

(iii) otherwise admissible as evidence under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or another law or rule of evidence of this state;

(2) were made by the child or person with a disability against whom the charged offense or extraneous crime, wrong, or act was allegedly committed; and

(3) were made to the first person, 18 years of age or older, other than the defendant, to whom the child or person with a disability made a statement about the offense or extraneous crime, wrong, or act.

SECTION 4.03. Section 2, Article 38.072, Code of Criminal Procedure, is amended by adding Subsection (a-1) to read as follows:

(a-1) The trial court shall admit more than one statement under this article at a proceeding if each statement:

(1) meets the requirements of Subsection (a); and

(2) describes different conduct by the defendant.

SECTION 4.04. Section 3, Article 38.072, Code of Criminal Procedure, is amended to read as follows:

Sec. 3. In this article, "person with a disability" has the same meaning as "disabled individual" as defined by Section 22.04, Penal Code [means a person 13 years of age or older who because of age or physical or mental disease, disability, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self].

SECTION 4.05. Section 1, Article 38.37, Code of Criminal Procedure, is amended to read as follows:

Sec. 1. (a) Subsection (b) applies to a proceeding in the prosecution of a defendant for an offense, or an attempt or conspiracy to commit an offense, under the following provisions of the Penal Code:

(1) [if committed against a child under 17 years of age:

[(A)] Chapter 21 (Sexual Offenses);

(2) [(B)] Chapter 22 (Assaultive Offenses); [or]

(3) [(C)] Section 25.02 (Prohibited Sexual Conduct); [or

[(2) if committed against a person younger than 18 years of age:]

(4) [(A)] Section 43.25 (Sexual Performance by a Child);

(5) [(B)] Section 20A.02 [20A.02(a)(5), (6), (7), or (8)] (Trafficking of Persons);

(6) [(C)] Section 20A.03 (Continuous Trafficking of Persons)[, if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(5), (6), (7), or (8)]; or

(7) [(D)] Section 43.05 [43.05(a)(2)] (Compelling Prostitution).

(b) Notwithstanding Rules 404 and 405, Texas Rules of Evidence, evidence of other crimes, wrongs, or acts committed by the defendant against the [child who is the] victim of the alleged offense shall be admitted for its bearing on relevant matters, including:

(1) the state of mind of the defendant and the victim [child]; and

(2) the previous and subsequent relationship between the defendant and the victim [child].

SECTION 4.06. Section 38.17, Penal Code, is amended to read as follows:

Sec. 38.17. FAILURE TO STOP OR REPORT [AGGRAVATED] SEXUAL OR ASSAULTIVE OFFENSE AGAINST [ASSAULT OF] CHILD. (a) A person[, other than a person who has a relationship with a child described by Section 22.04(b),] commits an offense if:

(1) the actor observes the commission or attempted commission of an offense [prohibited by Section 21.02 or 22.021(a)(2)(B)] under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against a [the] child;

(2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and

(3) the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.

(b) An offense under this section is a felony of the third degree [Class A misdemeanor].

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

SECTION 4.07. The change in law made by this article to Article 12.01, Code of Criminal Procedure, does not apply to the prosecution of an offense under Section 38.17, Penal Code, if the prosecution of that offense becomes barred by limitation before September 1, 2025. The prosecution of that offense remains barred as if this article had not taken effect.

SECTION 4.08. The changes in law made by this article to Chapter 38, Code of Criminal Procedure, apply to a criminal proceeding that commences on or after September 1, 2025. A criminal proceeding that commences before September 1, 2025, is governed by the law in effect on the date the proceeding commenced, and the former law is continued in effect for that purpose.

SECTION 4.09. The change in law made by this article to Section 38.17, Penal Code, applies only to an offense committed on or after September 1, 2025. An offense committed before September 1, 2025, is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2025, if any element of the offense occurred before that date.

ARTICLE 5. EFFECTIVE DATE

SECTION 5.01. This Act takes effect September 1, 2025.