Texas 2015 - 84th Regular

Texas House Bill HB580 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Wu, et al. (Senate Sponsor - Huffman) H.B. No. 580
2	2	(In the Senate - Received from the House May 13, 2015;
3	3	May 19, 2015, read first time and referred to Committee on Criminal
4	4	Justice; May 22, 2015, reported favorably by the following vote:
5	5	Yeas 6, Nays 0; May 22, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the statute of limitations for aggravated assault.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 12.01, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 12.01. FELONIES. Except as provided in Article 12.03,
16	16	felony indictments may be presented within these limits, and not
17	17	afterward:
18	18	(1) no limitation:
19	19	(A) murder and manslaughter;
20	20	(B) sexual assault under Section 22.011(a)(2),
21	21	Penal Code, or aggravated sexual assault under Section
22	22	22.021(a)(1)(B), Penal Code;
23	23	(C) sexual assault, if during the investigation
24	24	of the offense biological matter is collected and subjected to
25	25	forensic DNA testing and the testing results show that the matter
26	26	does not match the victim or any other person whose identity is
27	27	readily ascertained;
28	28	(D) continuous sexual abuse of young child or
29	29	children under Section 21.02, Penal Code;
30	30	(E) indecency with a child under Section 21.11,
31	31	Penal Code;
32	32	(F) an offense involving leaving the scene of an
33	33	accident under Section 550.021, Transportation Code, if the
34	34	accident resulted in the death of a person;
35	35	(G) trafficking of persons under Section
36	36	20A.02(a)(7) or (8), Penal Code; or
37	37	(H) continuous trafficking of persons under
38	38	Section 20A.03, Penal Code;
39	39	(2) ten years from the date of the commission of the
40	40	offense:
41	41	(A) theft of any estate, real, personal or mixed,
42	42	by an executor, administrator, guardian or trustee, with intent to
43	43	defraud any creditor, heir, legatee, ward, distributee,
44	44	beneficiary or settlor of a trust interested in such estate;
45	45	(B) theft by a public servant of government
46	46	property over which he exercises control in his official capacity;
47	47	(C) forgery or the uttering, using or passing of
48	48	forged instruments;
49	49	(D) injury to an elderly or disabled individual
50	50	punishable as a felony of the first degree under Section 22.04,
51	51	Penal Code;
52	52	(E) sexual assault, except as provided by
53	53	Subdivision (1);
54	54	(F) arson;
55	55	(G) trafficking of persons under Section
56	56	20A.02(a)(1), (2), (3), or (4), Penal Code; or
57	57	(H) compelling prostitution under Section
58	58	43.05(a)(1), Penal Code;
59	59	(3) seven years from the date of the commission of the
60	60	offense:
61	61	(A) misapplication of fiduciary property or
62	62	property of a financial institution;
63	63	(B) securing execution of document by deception;
64	64	(C) a felony violation under Chapter 162, Tax
65	65	Code;
66	66	(D) false statement to obtain property or credit
67	67	under Section 32.32, Penal Code;
68	68	(E) money laundering;
69	69	(F) credit card or debit card abuse under Section
70	70	32.31, Penal Code;
71	71	(G) fraudulent use or possession of identifying
72	72	information under Section 32.51, Penal Code;
73	73	(H) Medicaid fraud under Section 35A.02, Penal
74	74	Code; or
75	75	(I) bigamy under Section 25.01, Penal Code,
76	76	except as provided by Subdivision (6);
77	77	(4) five years from the date of the commission of the
78	78	offense:
79	79	(A) theft or robbery;
80	80	(B) except as provided by Subdivision (5),
81	81	kidnapping or burglary;
82	82	(C) injury to an elderly or disabled individual
83	83	that is not punishable as a felony of the first degree under Section
84	84	22.04, Penal Code;
85	85	(D) abandoning or endangering a child; or
86	86	(E) insurance fraud;
87	87	(5) if the investigation of the offense shows that the
88	88	victim is younger than 17 years of age at the time the offense is
89	89	committed, 20 years from the 18th birthday of the victim of one of
90	90	the following offenses:
91	91	(A) sexual performance by a child under Section
92	92	43.25, Penal Code;
93	93	(B) aggravated kidnapping under Section
94	94	20.04(a)(4), Penal Code, if the defendant committed the offense
95	95	with the intent to violate or abuse the victim sexually; or
96	96	(C) burglary under Section 30.02, Penal Code, if
97	97	the offense is punishable under Subsection (d) of that section and
98	98	the defendant committed the offense with the intent to commit an
99	99	offense described by Subdivision (1)(B) or (D) of this article or
100	100	Paragraph (B) of this subdivision;
101	101	(6) ten years from the 18th birthday of the victim of
102	102	the offense:
103	103	(A) trafficking of persons under Section
104	104	20A.02(a)(5) or (6), Penal Code;
105	105	(B) injury to a child under Section 22.04, Penal
106	106	Code;
107	107	(C) compelling prostitution under Section
108	108	43.05(a)(2), Penal Code; or
109	109	(D) bigamy under Section 25.01, Penal Code, if
110	110	the investigation of the offense shows that the person, other than
111	111	the legal spouse of the defendant, whom the defendant marries or
112	112	purports to marry or with whom the defendant lives under the
113	113	appearance of being married is younger than 18 years of age at the
114	114	time the offense is committed; or
115	115	(7) three years from the date of the commission of the
116	116	offense:
117	117	(A) aggravated assault; and
118	118	(B) all other felonies not otherwise specified by
119	119	this article.
120	120	SECTION 2. Article 12.03(d), Code of Criminal Procedure, is
121	121	amended to read as follows:
122	122	(d) Any [Except as otherwise provided by this chapter, any]
123	123	offense that bears the title "aggravated" shall carry the same
124	124	limitation period as the primary crime if a limitation period has
125	125	not otherwise been specifically provided for the aggravated offense
126	126	under another provision of this chapter.
127	127	SECTION 3. The change in law made by this Act does not apply
128	128	to an offense if the prosecution of that offense becomes barred by
129	129	limitation before the effective date of this Act. The prosecution
130	130	of that offense remains barred as if this Act had not taken effect.
131	131	SECTION 4. This Act takes effect September 1, 2015.
132	132	* * * * *