Texas House Bill HB1345

Texas 2011 - 82nd Regular

• Out of House Committee: 4/26/11
• Voted on by House: 5/4/11
• Report Pass: 4/26/11
• Engrossed: 5/4/11
• Refer: 5/5/11

Caption

Relating to the statute of limitations on prosecution of the offenses of kidnapping and aggravated kidnapping of a minor.

Impact

If enacted, HB 1345 will fundamentally alter how cases of kidnapping and aggravated kidnapping involving minors are prosecuted in Texas. The absence of a statute of limitations means that law enforcement and the legal system would remain open to prosecuting these offenses without the pressure of a timeframe. This change is significant as it may encourage victims or their families to come forward even years after the crime, potentially leading to more prosecutions and, consequently, a greater sense of justice for the victims and their families.

Summary

House Bill 1345 seeks to amend the Texas Code of Criminal Procedure concerning the statute of limitations for the offenses of kidnapping and aggravated kidnapping of minors. The bill proposes to eliminate the statute of limitations for such serious offenses, allowing for prosecution at any time without the conventional time limits currently imposed by law. This amendment reflects a legislative intent to provide justice for victims of these severe crimes regardless of the time elapsed since the commission of the offense.

Contention

While the bill has garnered support from various advocacy groups that focus on child safety and victims' rights, some lawmakers and legal experts have raised concerns regarding practical implications. Opponents argue that removing the statute of limitations may lead to difficulties in securing convictions due to the fading of evidence over time, witness recollections diminishing, or the challenges of prosecuting cases that occurred long ago. This contention reflects a broader debate on balancing the rights of victims to seek justice and the rights of the accused to a fair trial, potentially complicating future legal proceedings in such cases.