Texas 2011 - 82nd Regular

Texas House Bill HB253 Compare Versions

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1	1	By: Hilderbran (Senate Sponsor - Nelson) H.B. No. 253
2	2	(In the Senate - Received from the House April 18, 2011;
3	3	April 20, 2011, read first time and referred to Committee on Health
4	4	and Human Services; May 11, 2011, reported favorably by the
5	5	following vote: Yeas 7, Nays 0; May 11, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the protection of children by ensuring reports of abuse
11	11	or neglect, protecting children from abuse and neglect, ensuring
12	12	that births are reported, and prosecuting the offense of bigamy;
13	13	providing criminal penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Article 12.01, Code of Criminal Procedure, is
16	16	amended to read as follows:
17	17	Art. 12.01. FELONIES. Except as provided in Article 12.03,
18	18	felony indictments may be presented within these limits, and not
19	19	afterward:
20	20	(1) no limitation:
21	21	(A) murder and manslaughter;
22	22	(B) sexual assault under Section 22.011(a)(2),
23	23	Penal Code, or aggravated sexual assault under Section
24	24	22.021(a)(1)(B), Penal Code;
25	25	(C) sexual assault, if during the investigation
26	26	of the offense biological matter is collected and subjected to
27	27	forensic DNA testing and the testing results show that the matter
28	28	does not match the victim or any other person whose identity is
29	29	readily ascertained;
30	30	(D) continuous sexual abuse of young child or
31	31	children under Section 21.02, Penal Code;
32	32	(E) indecency with a child under Section 21.11,
33	33	Penal Code; or
34	34	(F) an offense involving leaving the scene of an
35	35	accident under Section 550.021, Transportation Code, if the
36	36	accident resulted in the death of a person;
37	37	(2) ten years from the date of the commission of the
38	38	offense:
39	39	(A) theft of any estate, real, personal or mixed,
40	40	by an executor, administrator, guardian or trustee, with intent to
41	41	defraud any creditor, heir, legatee, ward, distributee,
42	42	beneficiary or settlor of a trust interested in such estate;
43	43	(B) theft by a public servant of government
44	44	property over which he exercises control in his official capacity;
45	45	(C) forgery or the uttering, using or passing of
46	46	forged instruments;
47	47	(D) injury to an elderly or disabled individual
48	48	punishable as a felony of the first degree under Section 22.04,
49	49	Penal Code;
50	50	(E) sexual assault, except as provided by
51	51	Subdivision (1); or
52	52	(F) arson;
53	53	(3) seven years from the date of the commission of the
54	54	offense:
55	55	(A) misapplication of fiduciary property or
56	56	property of a financial institution;
57	57	(B) securing execution of document by deception;
58	58	(C) a felony violation under Chapter 162, Tax
59	59	Code;
60	60	(D) false statement to obtain property or credit
61	61	under Section 32.32, Penal Code;
62	62	(E) money laundering;
63	63	(F) credit card or debit card abuse under Section
64	64	32.31, Penal Code; [or]
65	65	(G) fraudulent use or possession of identifying
66	66	information under Section 32.51, Penal Code; or
67	67	(H) bigamy under Section 25.01, Penal Code,
68	68	except as provided by Subdivision (6);
69	69	(4) five years from the date of the commission of the
70	70	offense:
71	71	(A) theft or robbery;
72	72	(B) except as provided by Subdivision (5),
73	73	kidnapping or burglary;
74	74	(C) injury to an elderly or disabled individual
75	75	that is not punishable as a felony of the first degree under Section
76	76	22.04, Penal Code;
77	77	(D) abandoning or endangering a child; or
78	78	(E) insurance fraud;
79	79	(5) if the investigation of the offense shows that the
80	80	victim is younger than 17 years of age at the time the offense is
81	81	committed, 20 years from the 18th birthday of the victim of one of
82	82	the following offenses:
83	83	(A) sexual performance by a child under Section
84	84	43.25, Penal Code;
85	85	(B) aggravated kidnapping under Section
86	86	20.04(a)(4), Penal Code, if the defendant committed the offense
87	87	with the intent to violate or abuse the victim sexually; or
88	88	(C) burglary under Section 30.02, Penal Code, if
89	89	the offense is punishable under Subsection (d) of that section and
90	90	the defendant committed the offense with the intent to commit an
91	91	offense described by Subdivision (1)(B) or (D) of this article or
92	92	Paragraph (B) of this subdivision;
93	93	(6) ten years from the 18th birthday of the victim of
94	94	the offense:
95	95	(A) injury to a child under Section 22.04, Penal
96	96	Code; or
97	97	(B) bigamy under Section 25.01, Penal Code, if
98	98	the investigation of the offense shows that the person, other than
99	99	the legal spouse of the defendant, whom the defendant marries or
100	100	purports to marry or with whom the defendant lives under the
101	101	appearance of being married is younger than 18 years of age at the
102	102	time the offense is committed; or
103	103	(7) three years from the date of the commission of the
104	104	offense: all other felonies.
105	105	SECTION 2. Section 262.1015(b), Family Code, is amended to
106	106	read as follows:
107	107	(b) A court may issue a temporary restraining order in a
108	108	suit by the department for the removal of an alleged perpetrator
109	109	under Subsection (a) if the department's petition states facts
110	110	sufficient to satisfy the court that:
111	111	(1) there is an immediate danger to the physical
112	112	health or safety of the child or the child has been a victim of
113	113	sexual abuse;
114	114	(2) there is no time, consistent with the physical
115	115	health or safety of the child, for an adversary hearing;
116	116	(3) the child is not in danger of abuse from a parent
117	117	or other adult with whom the child will continue to reside in the
118	118	residence of the child; [and]
119	119	(4) the parent or other adult with whom the child will
120	120	continue to reside in the child's home is likely to:
121	121	(A) make a reasonable effort to monitor the
122	122	residence; and
123	123	(B) report to the department and the appropriate
124	124	law enforcement agency any attempt by the alleged perpetrator to
125	125	return to the residence; and
126	126	(5) the issuance of the order is in the best interest
127	127	of the child.
128	128	SECTION 3. Section 195.004, Health and Safety Code, is
129	129	amended by amending Subsection (d) and adding Subsection (d-1) to
130	130	read as follows:
131	131	(d) Except as provided by Subsection (d-1), an [An] offense
132	132	under this section is a Class C misdemeanor.
133	133	(d-1) An offense under this section for failure to perform a
134	134	duty required by Section 192.003 is a Class A misdemeanor.
135	135	SECTION 4. Section 25.01(e), Penal Code, is amended to read
136	136	as follows:
137	137	(e) An offense under this section is a felony of the third
138	138	degree, except that if at the time of the commission of the offense,
139	139	the person whom the actor marries or purports to marry or with whom
140	140	the actor lives under the appearance of being married is:
141	141	(1) 17 [16] years of age [or older], the offense is a
142	142	felony of the second degree; or
143	143	(2) [younger than] 16 years of age or younger, the
144	144	offense is a felony of the first degree.
145	145	SECTION 5. The change in law made by this Act to Section
146	146	25.01, Penal Code, applies only to an offense committed on or after
147	147	the effective date of this Act. An offense committed before the
148	148	effective date of this Act is governed by the law in effect when the
149	149	offense was committed, and the former law is continued in effect for
150	150	that purpose. For purposes of this section, an offense is committed
151	151	before the effective date of this Act if any element of the offense
152	152	occurs before that date.
153	153	SECTION 6. The change in law made by this Act to Article
154	154	12.01, Code of Criminal Procedure, does not apply to an offense if
155	155	the prosecution of that offense becomes barred by limitation before
156	156	the effective date of this Act. The prosecution of that offense
157	157	remains barred as if this Act had not taken effect.
158	158	SECTION 7. The change in law made by this Act to Section
159	159	262.1015(b), Family Code, applies only to a petition for a
160	160	temporary restraining order in a suit by the Department of Family
161	161	and Protective Services filed on or after the effective date of this
162	162	Act. A petition filed before the effective date of this Act is
163	163	governed by the law in effect on the date the petition was filed,
164	164	and the former law is continued in effect for that purpose.
165	165	SECTION 8. This Act takes effect September 1, 2011.
166	166	* * * * *