Texas 2013 - 83rd Regular

Texas House Bill HB1437 Compare Versions

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1	1	83R782 NAJ-D
2	2	By: Lucio III H.B. No. 1437
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and punishment for the offense of
8	8	failure to stop or report aggravated sexual assault of a child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 38.17(b), Penal Code, is amended to read
11	11	as follows:
12	12	(b) An offense under this section is a state jail felony
13	13	[Class A misdemeanor].
14	14	SECTION 2. Article 12.01, Code of Criminal Procedure, as
15	15	amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253),
16	16	and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session,
17	17	2011, is reenacted and amended to read as follows:
18	18	Art. 12.01. FELONIES. Except as provided in Article 12.03,
19	19	felony indictments may be presented within these limits, and not
20	20	afterward:
21	21	(1) no limitation:
22	22	(A) murder and manslaughter;
23	23	(B) sexual assault under Section 22.011(a)(2),
24	24	Penal Code, or aggravated sexual assault under Section
25	25	22.021(a)(1)(B), Penal Code;
26	26	(C) sexual assault, if during the investigation
27	27	of the offense biological matter is collected and subjected to
28	28	forensic DNA testing and the testing results show that the matter
29	29	does not match the victim or any other person whose identity is
30	30	readily ascertained;
31	31	(D) continuous sexual abuse of young child or
32	32	children under Section 21.02, Penal Code;
33	33	(E) indecency with a child under Section 21.11,
34	34	Penal Code;
35	35	(F) an offense involving leaving the scene of an
36	36	accident under Section 550.021, Transportation Code, if the
37	37	accident resulted in the death of a person; [or]
38	38	(G) trafficking of persons under Section
39	39	20A.02(a)(7) or (8), Penal Code; or
40	40	(H) [(G)] continuous trafficking of persons
41	41	under Section 20A.03, Penal Code;
42	42	(2) ten years from the date of the commission of the
43	43	offense:
44	44	(A) theft of any estate, real, personal or mixed,
45	45	by an executor, administrator, guardian or trustee, with intent to
46	46	defraud any creditor, heir, legatee, ward, distributee,
47	47	beneficiary or settlor of a trust interested in such estate;
48	48	(B) theft by a public servant of government
49	49	property over which he exercises control in his official capacity;
50	50	(C) forgery or the uttering, using or passing of
51	51	forged instruments;
52	52	(D) injury to an elderly or disabled individual
53	53	punishable as a felony of the first degree under Section 22.04,
54	54	Penal Code;
55	55	(E) sexual assault, except as provided by
56	56	Subdivision (1);
57	57	(F) arson;
58	58	(G) trafficking of persons under Section
59	59	20A.02(a)(1), (2), (3), or (4), Penal Code; or
60	60	(H) compelling prostitution under Section
61	61	43.05(a)(1), Penal Code;
62	62	(3) seven years from the date of the commission of the
63	63	offense:
64	64	(A) misapplication of fiduciary property or
65	65	property of a financial institution;
66	66	(B) securing execution of document by deception;
67	67	(C) a felony violation under Chapter 162, Tax
68	68	Code;
69	69	(D) false statement to obtain property or credit
70	70	under Section 32.32, Penal Code;
71	71	(E) money laundering;
72	72	(F) credit card or debit card abuse under Section
73	73	32.31, Penal Code;
74	74	(G) fraudulent use or possession of identifying
75	75	information under Section 32.51, Penal Code; [or]
76	76	(H) Medicaid fraud under Section 35A.02, Penal
77	77	Code; or
78	78	(I) [(H)] bigamy under Section 25.01, Penal
79	79	Code, except as provided by Subdivision (6);
80	80	(4) five years from the date of the commission of the
81	81	offense:
82	82	(A) theft or robbery;
83	83	(B) except as provided by Subdivision (5),
84	84	kidnapping or burglary;
85	85	(C) injury to an elderly or disabled individual
86	86	that is not punishable as a felony of the first degree under Section
87	87	22.04, Penal Code;
88	88	(D) abandoning or endangering a child; or
89	89	(E) insurance fraud;
90	90	(5) if the investigation of the offense shows that the
91	91	victim is younger than 17 years of age at the time the offense is
92	92	committed, 20 years from the 18th birthday of the victim of one of
93	93	the following offenses:
94	94	(A) sexual performance by a child under Section
95	95	43.25, Penal Code;
96	96	(B) aggravated kidnapping under Section
97	97	20.04(a)(4), Penal Code, if the defendant committed the offense
98	98	with the intent to violate or abuse the victim sexually; or
99	99	(C) burglary under Section 30.02, Penal Code, if
100	100	the offense is punishable under Subsection (d) of that section and
101	101	the defendant committed the offense with the intent to commit an
102	102	offense described by Subdivision (1)(B) or (D) of this article or
103	103	Paragraph (B) of this subdivision;
104	104	(6) ten years from the 18th birthday of the victim of
105	105	the offense:
106	106	(A) trafficking of persons under Section
107	107	20A.02(a)(5) or (6), Penal Code;
108	108	(B) injury to a child under Section 22.04, Penal
109	109	Code; [or]
110	110	(C) compelling prostitution under Section
111	111	43.05(a)(2), Penal Code; [or]
112	112	(D) [(B)] bigamy under Section 25.01, Penal
113	113	Code, if the investigation of the offense shows that the person,
114	114	other than the legal spouse of the defendant, whom the defendant
115	115	marries or purports to marry or with whom the defendant lives under
116	116	the appearance of being married is younger than 18 years of age at
117	117	the time the offense is committed; or
118	118	(E) failure to stop or report aggravated sexual
119	119	assault of a child under Section 38.17, Penal Code; or
120	120	(7) three years from the date of the commission of the
121	121	offense: all other felonies.
122	122	SECTION 3. (a) The change in law made by this Act in
123	123	amending Section 38.17, Penal Code, applies only to an offense
124	124	committed on or after the effective date of this Act. An offense
125	125	committed before the effective date of this Act is governed by the
126	126	law in effect on the date the offense was committed, and the former
127	127	law is continued in effect for that purpose. For purposes of this
128	128	section, an offense was committed before the effective date of this
129	129	Act if any element of the offense occurred before that date.
130	130	(b) The change in law made by this Act in amending Article
131	131	12.01, Code of Criminal Procedure, does not apply to an offense if
132	132	the prosecution of that offense becomes barred by limitation before
133	133	the effective date of this Act. The prosecution of that offense
134	134	remains barred as if this Act had not taken effect.
135	135	SECTION 4. This Act takes effect September 1, 2013.