Texas 2015 - 84th Regular

Texas House Bill HB3209 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1967 MEW-D
2	2	By: Fletcher H.B. No. 3209
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of the statute of limitations for
8	8	certain felony offenses.
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;
29	29	(F) an offense involving leaving the scene of an
30	30	accident under Section 31.127(d), Parks and Wildlife Code, or
31	31	Section 550.021, Transportation Code, if the accident resulted in
32	32	the death of a person;
33	33	(G) trafficking of persons under Section
34	34	20A.02(a)(7) or (8), Penal Code; [or]
35	35	(H) continuous trafficking of persons under
36	36	Section 20A.03, Penal Code; or
37	37	(I) tampering with or fabricating physical
38	38	evidence under Section 37.09, Penal Code, if the evidence relates
39	39	to an investigation or official proceeding involving the death of a
40	40	person;
41	41	(2) ten years from the date of the commission of the
42	42	offense:
43	43	(A) theft of any estate, real, personal or mixed,
44	44	by an executor, administrator, guardian or trustee, with intent to
45	45	defraud any creditor, heir, legatee, ward, distributee,
46	46	beneficiary or settlor of a trust interested in such estate;
47	47	(B) theft by a public servant of government
48	48	property over which he exercises control in his official capacity;
49	49	(C) forgery or the uttering, using or passing of
50	50	forged instruments;
51	51	(D) injury to an elderly or disabled individual
52	52	punishable as a felony of the first degree under Section 22.04,
53	53	Penal Code;
54	54	(E) sexual assault, except as provided by
55	55	Subdivision (1);
56	56	(F) arson;
57	57	(G) trafficking of persons under Section
58	58	20A.02(a)(1), (2), (3), or (4), Penal Code; or
59	59	(H) compelling prostitution under Section
60	60	43.05(a)(1), Penal Code;
61	61	(3) seven years from the date of the commission of the
62	62	offense:
63	63	(A) misapplication of fiduciary property or
64	64	property of a financial institution;
65	65	(B) securing execution of document by deception;
66	66	(C) a felony violation under Chapter 162, Tax
67	67	Code;
68	68	(D) false statement to obtain property or credit
69	69	under Section 32.32, Penal Code;
70	70	(E) money laundering;
71	71	(F) credit card or debit card abuse under Section
72	72	32.31, Penal Code;
73	73	(G) fraudulent use or possession of identifying
74	74	information under Section 32.51, Penal Code;
75	75	(H) Medicaid fraud under Section 35A.02, Penal
76	76	Code; or
77	77	(I) bigamy under Section 25.01, Penal Code,
78	78	except as provided by Subdivision (6);
79	79	(4) five years from the date of the commission of the
80	80	offense:
81	81	(A) theft or robbery;
82	82	(B) except as provided by Subdivision (5),
83	83	kidnapping or burglary;
84	84	(C) injury to an elderly or disabled individual
85	85	that is not punishable as a felony of the first degree under Section
86	86	22.04, Penal Code;
87	87	(D) abandoning or endangering a child; or
88	88	(E) insurance fraud;
89	89	(5) if the investigation of the offense shows that the
90	90	victim is younger than 17 years of age at the time the offense is
91	91	committed, 20 years from the 18th birthday of the victim of one of
92	92	the following offenses:
93	93	(A) sexual performance by a child under Section
94	94	43.25, Penal Code;
95	95	(B) aggravated kidnapping under Section
96	96	20.04(a)(4), Penal Code, if the defendant committed the offense
97	97	with the intent to violate or abuse the victim sexually; or
98	98	(C) burglary under Section 30.02, Penal Code, if
99	99	the offense is punishable under Subsection (d) of that section and
100	100	the defendant committed the offense with the intent to commit an
101	101	offense described by Subdivision (1)(B) or (D) of this article or
102	102	Paragraph (B) of this subdivision;
103	103	(6) ten years from the 18th birthday of the victim of
104	104	the offense:
105	105	(A) trafficking of persons under Section
106	106	20A.02(a)(5) or (6), Penal Code;
107	107	(B) injury to a child under Section 22.04, Penal
108	108	Code;
109	109	(C) compelling prostitution under Section
110	110	43.05(a)(2), Penal Code; or
111	111	(D) bigamy under Section 25.01, Penal Code, if
112	112	the investigation of the offense shows that the person, other than
113	113	the legal spouse of the defendant, whom the defendant marries or
114	114	purports to marry or with whom the defendant lives under the
115	115	appearance of being married is younger than 18 years of age at the
116	116	time the offense is committed; or
117	117	(7) three years from the date of the commission of the
118	118	offense: all other felonies.
119	119	SECTION 2. The change in law made by this Act does not apply
120	120	to an offense if the prosecution of that offense becomes barred by
121	121	limitation before the effective date of this Act. The prosecution
122	122	of that offense remains barred as if this Act had not taken effect.
123	123	SECTION 3. This Act takes effect September 1, 2015.