Texas 2015 - 84th Regular

Texas House Bill HB348 Compare Versions

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

Old	New	Differences
1	1	84R2850 ADM-D
2	2	By: Dutton H.B. No. 348
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain conduct constituting the
8	8	offense of official oppression and to the statute of limitation on
9	9	prosecution of that conduct.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 12.01, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 12.01. FELONIES. Except as provided in Article 12.03,
14	14	felony indictments may be presented within these limits, and not
15	15	afterward:
16	16	(1) no limitation:
17	17	(A) murder and manslaughter;
18	18	(B) sexual assault under Section 22.011(a)(2),
19	19	Penal Code, or aggravated sexual assault under Section
20	20	22.021(a)(1)(B), Penal Code;
21	21	(C) sexual assault, if during the investigation
22	22	of the offense biological matter is collected and subjected to
23	23	forensic DNA testing and the testing results show that the matter
24	24	does not match the victim or any other person whose identity is
25	25	readily ascertained;
26	26	(D) continuous sexual abuse of young child or
27	27	children under Section 21.02, Penal Code;
28	28	(E) indecency with a child under Section 21.11,
29	29	Penal Code;
30	30	(F) an offense involving leaving the scene of an
31	31	accident under Section 550.021, Transportation Code, if the
32	32	accident resulted in 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) official oppression under Section 39.03,
38	38	Penal Code, if the offense is punishable under Subsection (e)(2) of
39	39	that section;
40	40	(2) ten years from the date of the commission of the
41	41	offense:
42	42	(A) theft of any estate, real, personal or mixed,
43	43	by an executor, administrator, guardian or trustee, with intent to
44	44	defraud any creditor, heir, legatee, ward, distributee,
45	45	beneficiary or settlor of a trust interested in such estate;
46	46	(B) theft by a public servant of government
47	47	property over which he exercises control in his official capacity;
48	48	(C) forgery or the uttering, using or passing of
49	49	forged instruments;
50	50	(D) injury to an elderly or disabled individual
51	51	punishable as a felony of the first degree under Section 22.04,
52	52	Penal Code;
53	53	(E) sexual assault, except as provided by
54	54	Subdivision (1);
55	55	(F) arson;
56	56	(G) trafficking of persons under Section
57	57	20A.02(a)(1), (2), (3), or (4), Penal Code; or
58	58	(H) compelling prostitution under Section
59	59	43.05(a)(1), Penal Code;
60	60	(3) seven years from the date of the commission of the
61	61	offense:
62	62	(A) misapplication of fiduciary property or
63	63	property of a financial institution;
64	64	(B) securing execution of document by deception;
65	65	(C) a felony violation under Chapter 162, Tax
66	66	Code;
67	67	(D) false statement to obtain property or credit
68	68	under Section 32.32, Penal Code;
69	69	(E) money laundering;
70	70	(F) credit card or debit card abuse under Section
71	71	32.31, Penal Code;
72	72	(G) fraudulent use or possession of identifying
73	73	information under Section 32.51, Penal Code;
74	74	(H) Medicaid fraud under Section 35A.02, Penal
75	75	Code; or
76	76	(I) bigamy under Section 25.01, Penal Code,
77	77	except as provided by Subdivision (6);
78	78	(4) five years from the date of the commission of the
79	79	offense:
80	80	(A) theft or robbery;
81	81	(B) except as provided by Subdivision (5),
82	82	kidnapping or burglary;
83	83	(C) injury to an elderly or disabled individual
84	84	that is not punishable as a felony of the first degree under Section
85	85	22.04, Penal Code;
86	86	(D) abandoning or endangering a child; or
87	87	(E) insurance fraud;
88	88	(5) if the investigation of the offense shows that the
89	89	victim is younger than 17 years of age at the time the offense is
90	90	committed, 20 years from the 18th birthday of the victim of one of
91	91	the following offenses:
92	92	(A) sexual performance by a child under Section
93	93	43.25, Penal Code;
94	94	(B) aggravated kidnapping under Section
95	95	20.04(a)(4), Penal Code, if the defendant committed the offense
96	96	with the intent to violate or abuse the victim sexually; or
97	97	(C) burglary under Section 30.02, Penal Code, if
98	98	the offense is punishable under Subsection (d) of that section and
99	99	the defendant committed the offense with the intent to commit an
100	100	offense described by Subdivision (1)(B) or (D) of this article or
101	101	Paragraph (B) of this subdivision;
102	102	(6) ten years from the 18th birthday of the victim of
103	103	the offense:
104	104	(A) trafficking of persons under Section
105	105	20A.02(a)(5) or (6), Penal Code;
106	106	(B) injury to a child under Section 22.04, Penal
107	107	Code;
108	108	(C) compelling prostitution under Section
109	109	43.05(a)(2), Penal Code; or
110	110	(D) bigamy under Section 25.01, Penal Code, if
111	111	the investigation of the offense shows that the person, other than
112	112	the legal spouse of the defendant, whom the defendant marries or
113	113	purports to marry or with whom the defendant lives under the
114	114	appearance of being married is younger than 18 years of age at the
115	115	time the offense is committed; or
116	116	(7) three years from the date of the commission of the
117	117	offense: all other felonies.
118	118	SECTION 2. Section 39.03, Penal Code, is amended by
119	119	amending Subsection (d) and adding Subsection (e) to read as
120	120	follows:
121	121	(d) Except as provided by Subsection (e), an [An] offense
122	122	under this section is a Class A misdemeanor.
123	123	(e) An [, except that an] offense under this section is a
124	124	felony of the third degree if:
125	125	(1) the public servant acted with the intent to impair
126	126	the accuracy of data reported to the Texas Education Agency through
127	127	the Public Education Information Management System (PEIMS)
128	128	described by Section 42.006, Education Code, under a law requiring
129	129	that reporting; or
130	130	(2) the conduct constituting the offense consists of
131	131	the intentional or knowing suppression of evidence favorable to a
132	132	defendant and material to the defendant's guilt or punishment in a
133	133	criminal trial.
134	134	SECTION 3. (a) The change in law made by this Act to Section
135	135	39.03, Penal Code, applies only to an offense committed on or after
136	136	the effective date of this Act. An offense committed before the
137	137	effective date of this Act is governed by the law in effect on the
138	138	date the offense was committed, and the former law is continued in
139	139	effect for that purpose. For purposes of this subsection, an
140	140	offense was committed before the effective date of this Act if any
141	141	element of the offense occurred before that date.
142	142	(b) The change in law made by this Act to Article 12.01, Code
143	143	of Criminal Procedure, does not apply to an offense if the
144	144	prosecution of that offense becomes barred by limitation before the
145	145	effective date of this Act. The prosecution of that offense remains
146	146	barred as if this Act had not taken effect.
147	147	SECTION 4. This Act takes effect September 1, 2015.