Texas 2009 - 81st Regular

Texas House Bill HB3351 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R400 KEL-D
2	2	By: Naishtat H.B. No. 3351
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain conduct constituting the
8	8	offense of official oppression and to the statute of limitation on
9	9	prosecution of that conduct.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 12.01, Code of Criminal Procedure, as
12	12	amended by Chapters 285 (H.B. 716), 593 (H.B. 8), 640 (H.B. 887),
13	13	and 841 (H.B. 959), Acts of the 80th Legislature, Regular Session,
14	14	2007, is reenacted and amended to read as follows:
15	15	Art. 12.01. FELONIES. Except as provided in Article 12.03,
16	16	felony indictments may be presented within these limits, and not
17	17	afterward:
18	18	(1) no limitation:
19	19	(A) murder and manslaughter;
20	20	(B) sexual assault under Section 22.011(a)(2),
21	21	Penal Code, or aggravated sexual assault under Section
22	22	22.021(a)(1)(B), Penal Code;
23	23	(C) sexual assault, if during the investigation
24	24	of the offense biological matter is collected and subjected to
25	25	forensic DNA testing and the testing results show that the matter
26	26	does not match the victim or any other person whose identity is
27	27	readily ascertained;
28	28	(D) continuous sexual abuse of young child or
29	29	children under Section 21.02, Penal Code;
30	30	(E) indecency with a child under Section 21.11,
31	31	Penal Code; [or]
32	32	(F) an offense involving leaving the scene of an
33	33	accident under Section 550.021, Transportation Code, if the
34	34	accident resulted in the death of a person; or
35	35	(G) official oppression under Section 39.03,
36	36	Penal Code, if the offense is punishable under Subsection (e) of
37	37	that section;
38	38	(2) ten years from the date of the commission of the
39	39	offense:
40	40	(A) theft of any estate, real, personal or mixed,
41	41	by an executor, administrator, guardian or trustee, with intent to
42	42	defraud any creditor, heir, legatee, ward, distributee,
43	43	beneficiary or settlor of a trust interested in such estate;
44	44	(B) theft by a public servant of government
45	45	property over which he exercises control in his official capacity;
46	46	(C) forgery or the uttering, using or passing of
47	47	forged instruments;
48	48	(D) injury to an elderly or disabled individual
49	49	punishable as a felony of the first degree under Section 22.04,
50	50	Penal Code;
51	51	(E) sexual assault, except as provided by
52	52	Subdivision (1) [or (5)]; or
53	53	(F) arson;
54	54	(3) seven years from the date of the commission of the
55	55	offense:
56	56	(A) misapplication of fiduciary property or
57	57	property of a financial institution;
58	58	(B) securing execution of document by deception;
59	59	(C) a violation under Sections 162.403(22)-(39),
60	60	Tax Code;
61	61	(D) false statement to obtain property or credit
62	62	under Section 32.32, Penal Code;
63	63	(E) money laundering;
64	64	(F) [(D)] credit card or debit card abuse under
65	65	Section 32.31, Penal Code; or
66	66	(G) [(F)] fraudulent use or possession of
67	67	identifying information under Section 32.51, Penal Code;
68	68	(4) five years from the date of the commission of the
69	69	offense:
70	70	(A) theft or robbery;
71	71	(B) except as provided by Subdivision (5),
72	72	kidnapping or burglary;
73	73	(C) injury to an elderly or disabled individual
74	74	that is not punishable as a felony of the first degree under Section
75	75	22.04, Penal Code;
76	76	(D) abandoning or endangering a child; or
77	77	(E) insurance fraud;
78	78	(5) if the investigation of the offense shows that the
79	79	victim is younger than 17 years of age at the time the offense is
80	80	committed, 20 years from the 18th birthday of the victim of one of
81	81	the following offenses:
82	82	(A) sexual performance by a child under Section
83	83	43.25, Penal Code;
84	84	(B) aggravated kidnapping under Section
85	85	20.04(a)(4), Penal Code, if the defendant committed the offense
86	86	with the intent to violate or abuse the victim sexually; or
87	87	(C) burglary under Section 30.02, Penal Code, if
88	88	the offense is punishable under Subsection (d) of that section and
89	89	the defendant committed the offense with the intent to commit an
90	90	offense described by Subdivision (1)(B) or (D) of this article or
91	91	Paragraph (B) of this subdivision; [or]
92	92	(6) [(5)] ten years from the 18th birthday of the
93	93	victim of the offense:
94	94	[(A) indecency with a child under Section
95	95	21.11(a)(1) or (2), Penal Code;
96	96	[(B) except as provided by Subdivision (1),
97	97	sexual assault under Section 22.011(a)(2), Penal Code, or
98	98	aggravated sexual assault under Section 22.021(a)(1)(B), Penal
99	99	Code; or
100	100	[(C)] injury to a child under Section 22.04,
101	101	Penal Code; or
102	102	(7) [(6)] three years from the date of the commission
103	103	of the offense: all other felonies.
104	104	SECTION 2. Section 39.03, Penal Code, is amended by
105	105	amending Subsection (d) and adding Subsection (e) to read as
106	106	follows:
107	107	(d) Except as provided by Subsection (e), an [An] offense
108	108	under this section is a Class A misdemeanor.
109	109	(e) An offense under this section is a state jail felony if
110	110	the conduct constituting the offense consists of the suppression of
111	111	evidence favorable to a defendant and material to the defendant's
112	112	guilt or punishment in a criminal trial.
113	113	SECTION 3. (a) The change in law made by this Act to Section
114	114	39.03, Penal Code, applies only to an offense committed on or after
115	115	the effective date of this Act. An offense committed before the
116	116	effective date of this Act is covered by the law in effect when the
117	117	offense was committed, and the former law is continued in effect for
118	118	that purpose. For purposes of this subsection, an offense was
119	119	committed before the effective date of this Act if any element of
120	120	the offense occurred before that date.
121	121	(b) The change in law made by this Act to Article 12.01, Code
122	122	of Criminal Procedure, does not apply to an offense if the
123	123	prosecution of that offense becomes barred by limitation before the
124	124	effective date of this Act. The prosecution of that offense remains
125	125	barred as if this Act had not taken effect.
126	126	SECTION 4. This Act takes effect September 1, 2009.