Texas House Bill HB97

Texas 2015 - 84th Regular

• Filed: 11/10/14

Caption

Relating to the elimination of the statute of limitations for the offenses of sexual assault and aggravated sexual assault.

Impact

If enacted, HB 97 would significantly amend Article 12.01 of the Code of Criminal Procedure. The changes would categorize sexual assault and aggravated sexual assault among the offenses where no statute of limitations applies, in alignment with other serious offenses like murder. This potential change reflects a growing recognition of the complexities of trauma and its impact on a victim's ability to seek legal recourse. Moreover, this could align Texas law with the evolving understanding of victims' rights and the importance of encouraging reporting over time.

Summary

House Bill 97 aims to eliminate the statute of limitations for the offenses of sexual assault and aggravated sexual assault in Texas. As proposed, this bill seeks to ensure that victims can bring charges against their assailants without the time constraint that currently exists, which can often discourage prosecution and limit justice for survivors of these serious crimes. By removing the limitations, the bill emphasizes the importance of allowing victims ample time to come forward, particularly as many experience trauma that may delay their reporting of such incidents.

Contention

While proponents argue that HB 97 would enhance justice for sexual assault survivors, there may be concerns from various stakeholders about the implications of removing the statute of limitations entirely. Critics might argue that this could lead to difficulties in defending against old allegations due to fading memories, loss of evidence, and the potential for wrongful accusations arising from cases that are decades old. This tension between supporting victims and ensuring fair legal processes is likely to be a significant point of discussion as the bill progresses through legislative challenges.