Texas 2011 - 82nd Regular

Texas House Bill HB1345 Compare Versions

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1	1	82R6607 AJZ-D
2	2	By: Veasey H.B. No. 1345
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the statute of limitations on prosecution of the
8	8	offenses of kidnapping and aggravated kidnapping of a minor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 12.01, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 12.01. FELONIES. Except as provided in Article 12.03,
13	13	felony indictments may be presented within these limits, and not
14	14	afterward:
15	15	(1) no limitation:
16	16	(A) murder and manslaughter;
17	17	(B) sexual assault under Section 22.011(a)(2),
18	18	Penal Code, or aggravated sexual assault under Section
19	19	22.021(a)(1)(B), Penal Code;
20	20	(C) sexual assault, if during the investigation
21	21	of the offense biological matter is collected and subjected to
22	22	forensic DNA testing and the testing results show that the matter
23	23	does not match the victim or any other person whose identity is
24	24	readily ascertained;
25	25	(D) continuous sexual abuse of young child or
26	26	children under Section 21.02, Penal Code;
27	27	(E) indecency with a child under Section 21.11,
28	28	Penal Code; or
29	29	(F) an offense involving leaving the scene of an
30	30	accident under Section 550.021, Transportation Code, if the
31	31	accident resulted in the death of a person;
32	32	(2) ten years from the date of the commission of the
33	33	offense:
34	34	(A) theft of any estate, real, personal or mixed,
35	35	by an executor, administrator, guardian or trustee, with intent to
36	36	defraud any creditor, heir, legatee, ward, distributee,
37	37	beneficiary or settlor of a trust interested in such estate;
38	38	(B) theft by a public servant of government
39	39	property over which he exercises control in his official capacity;
40	40	(C) forgery or the uttering, using or passing of
41	41	forged instruments;
42	42	(D) injury to an elderly or disabled individual
43	43	punishable as a felony of the first degree under Section 22.04,
44	44	Penal Code;
45	45	(E) sexual assault, except as provided by
46	46	Subdivision (1); or
47	47	(F) arson;
48	48	(3) seven years from the date of the commission of the
49	49	offense:
50	50	(A) misapplication of fiduciary property or
51	51	property of a financial institution;
52	52	(B) securing execution of document by deception;
53	53	(C) a felony violation under Chapter 162, Tax
54	54	Code;
55	55	(D) false statement to obtain property or credit
56	56	under Section 32.32, Penal Code;
57	57	(E) money laundering;
58	58	(F) credit card or debit card abuse under Section
59	59	32.31, Penal Code; or
60	60	(G) fraudulent use or possession of identifying
61	61	information under Section 32.51, Penal Code;
62	62	(4) five years from the date of the commission of the
63	63	offense:
64	64	(A) theft or robbery;
65	65	(B) except as provided by Subdivision (5),
66	66	kidnapping or burglary;
67	67	(C) injury to an elderly or disabled individual
68	68	that is not punishable as a felony of the first degree under Section
69	69	22.04, Penal Code;
70	70	(D) abandoning or endangering a child; or
71	71	(E) insurance fraud;
72	72	(5) if the investigation of the offense shows that the
73	73	victim is younger than 17 years of age at the time the offense is
74	74	committed, 20 years from the 18th birthday of the victim of one of
75	75	the following offenses:
76	76	(A) sexual performance by a child under Section
77	77	43.25, Penal Code;
78	78	(B) kidnapping under Section 20.03, Penal Code,
79	79	or aggravated kidnapping under Section 20.04 [20.04(a)(4)], Penal
80	80	Code[, if the defendant committed the offense with the intent to
81	81	violate or abuse the victim sexually]; or
82	82	(C) burglary under Section 30.02, Penal Code, if
83	83	the offense is punishable under Subsection (d) of that section and
84	84	the defendant committed the offense with the intent to commit an
85	85	offense described by Subdivision (1)(B) or (D) of this article or
86	86	Paragraph (B) of this subdivision;
87	87	(6) ten years from the 18th birthday of the victim of
88	88	the offense: injury to a child under Section 22.04, Penal Code; or
89	89	(7) three years from the date of the commission of the
90	90	offense: all other felonies.
91	91	SECTION 2. The change in law made by this Act does not apply
92	92	to an offense if the prosecution of that offense becomes barred by
93	93	limitation before the effective date of this Act. The prosecution
94	94	of that offense remains barred as if this Act had not taken effect.
95	95	SECTION 3. This Act takes effect September 1, 2011.