H.B. No. 253
AN ACT
relating to the protection of children by ensuring reports of abuse
or neglect, protecting children from abuse and neglect, ensuring
that births are reported, and prosecuting the offense of bigamy;
providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 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 during the investigation
of the offense biological matter is collected and 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;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code; or
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(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 he exercises control in his 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
(F) arson;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(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; [or]
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code; or
(H) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(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;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(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) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) injury to a child under Section 22.04, Penal
Code; or
(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
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 2. Section 262.1015(b), Family Code, is amended to
read as follows:
(b) A court may issue a temporary restraining order in a
suit by the department for the removal of an alleged perpetrator
under Subsection (a) if the department's petition states facts
sufficient to satisfy the court that:
(1) there is an immediate danger to the physical
health or safety of the child or the child has been a victim of
sexual abuse;
(2) there is no time, consistent with the physical
health or safety of the child, for an adversary hearing;
(3) the child is not in danger of abuse from a parent
or other adult with whom the child will continue to reside in the
residence of the child; [and]
(4) the parent or other adult with whom the child will
continue to reside in the child's home is likely to:
(A) make a reasonable effort to monitor the
residence; and
(B) report to the department and the appropriate
law enforcement agency any attempt by the alleged perpetrator to
return to the residence; and
(5) the issuance of the order is in the best interest
of the child.
SECTION 3. Section 195.004, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) Except as provided by Subsection (d-1), an [An] offense
under this section is a Class C misdemeanor.
(d-1) An offense under this section for failure to perform a
duty required by Section 192.003 is a Class A misdemeanor.
SECTION 4. Section 25.01(e), Penal Code, is amended to read
as follows:
(e) An offense under this section is a felony of the third
degree, except that if at the time of the commission of the offense,
the person whom the actor marries or purports to marry or with whom
the actor lives under the appearance of being married is:
(1) 17 [16] years of age [or older], the offense is a
felony of the second degree; or
(2) [younger than] 16 years of age or younger, the
offense is a felony of the first degree.
SECTION 5. The change in law made by this Act to Section
25.01, Penal Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
SECTION 6. The change in law made by this Act to Article
12.01, Code of Criminal Procedure, does not apply to an offense if
the prosecution of that offense becomes barred by limitation before
the effective date of this Act. The prosecution of that offense
remains barred as if this Act had not taken effect.
SECTION 7. The change in law made by this Act to Section
262.1015(b), Family Code, applies only to a petition for a
temporary restraining order in a suit by the Department of Family
and Protective Services filed on or after the effective date of this
Act. A petition filed before the effective date of this Act is
governed by the law in effect on the date the petition was filed,
and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 253 was passed by the House on April
15, 2011, by the following vote: Yeas 134, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 253 was passed by the Senate on May
19, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor