Texas 2015 - 84th Regular

Texas House Bill HB97 Compare Versions

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

Old	New	Differences
1	1	84R1157 MEW-D
2	2	By: Guillen H.B. No. 97
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 the
8	8	offenses of sexual assault and aggravated sexual assault.
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	(C) [(D)] continuous sexual abuse of young child
26	26	or children under Section 21.02, Penal Code;
27	27	(D) [(E)] indecency with a child under Section
28	28	21.11, Penal Code;
29	29	(E) [(F)] an offense involving leaving the scene
30	30	of an accident under Section 550.021, Transportation Code, if the
31	31	accident resulted in the death of a person;
32	32	(F) [(G)] trafficking of persons under Section
33	33	20A.02(a)(7) or (8), Penal Code; or
34	34	(G) [(H)] continuous trafficking of persons
35	35	under Section 20A.03, Penal Code;
36	36	(2) ten years from the date of the commission of the
37	37	offense:
38	38	(A) theft of any estate, real, personal or mixed,
39	39	by an executor, administrator, guardian or trustee, with intent to
40	40	defraud any creditor, heir, legatee, ward, distributee,
41	41	beneficiary or settlor of a trust interested in such estate;
42	42	(B) theft by a public servant of government
43	43	property over which he exercises control in his official capacity;
44	44	(C) forgery or the uttering, using or passing of
45	45	forged instruments;
46	46	(D) injury to an elderly or disabled individual
47	47	punishable as a felony of the first degree under Section 22.04,
48	48	Penal Code;
49	49	(E) [sexual assault, except as provided by
50	50	Subdivision (1);
51	51	[(F)] arson;
52	52	(F) [(G)] trafficking of persons under Section
53	53	20A.02(a)(1), (2), (3), or (4), Penal Code; or
54	54	(G) [(H)] compelling prostitution under Section
55	55	43.05(a)(1), Penal Code;
56	56	(3) seven years from the date of the commission of the
57	57	offense:
58	58	(A) misapplication of fiduciary property or
59	59	property of a financial institution;
60	60	(B) securing execution of document by deception;
61	61	(C) a felony violation under Chapter 162, Tax
62	62	Code;
63	63	(D) false statement to obtain property or credit
64	64	under Section 32.32, Penal Code;
65	65	(E) money laundering;
66	66	(F) credit card or debit card abuse under Section
67	67	32.31, Penal Code;
68	68	(G) fraudulent use or possession of identifying
69	69	information under Section 32.51, Penal Code;
70	70	(H) Medicaid fraud under Section 35A.02, Penal
71	71	Code; or
72	72	(I) bigamy under Section 25.01, Penal Code,
73	73	except as provided by Subdivision (6);
74	74	(4) five years from the date of the commission of the
75	75	offense:
76	76	(A) theft or robbery;
77	77	(B) except as provided by Subdivision (5),
78	78	kidnapping or burglary;
79	79	(C) injury to an elderly or disabled individual
80	80	that is not punishable as a felony of the first degree under Section
81	81	22.04, Penal Code;
82	82	(D) abandoning or endangering a child; or
83	83	(E) insurance fraud;
84	84	(5) if the investigation of the offense shows that the
85	85	victim is younger than 17 years of age at the time the offense is
86	86	committed, 20 years from the 18th birthday of the victim of one of
87	87	the following offenses:
88	88	(A) sexual performance by a child under Section
89	89	43.25, Penal Code;
90	90	(B) aggravated kidnapping under Section
91	91	20.04(a)(4), Penal Code, if the defendant committed the offense
92	92	with the intent to violate or abuse the victim sexually; or
93	93	(C) burglary under Section 30.02, Penal Code, if
94	94	the offense is punishable under Subsection (d) of that section and
95	95	the defendant committed the offense with the intent to commit an
96	96	offense described by Subdivision (1)(B) or (C) [(D)] of this
97	97	article or Paragraph (B) of this subdivision;
98	98	(6) ten years from the 18th birthday of the victim of
99	99	the offense:
100	100	(A) trafficking of persons under Section
101	101	20A.02(a)(5) or (6), Penal Code;
102	102	(B) injury to a child under Section 22.04, Penal
103	103	Code;
104	104	(C) compelling prostitution under Section
105	105	43.05(a)(2), Penal Code; or
106	106	(D) bigamy under Section 25.01, Penal Code, if
107	107	the investigation of the offense shows that the person, other than
108	108	the legal spouse of the defendant, whom the defendant marries or
109	109	purports to marry or with whom the defendant lives under the
110	110	appearance of being married is younger than 18 years of age at the
111	111	time the offense is committed; or
112	112	(7) three years from the date of the commission of the
113	113	offense: all other felonies.
114	114	SECTION 2. The change in law made by this Act does not apply
115	115	to an offense if the prosecution of that offense becomes barred by
116	116	limitation before the effective date of this Act. The prosecution
117	117	of that offense remains barred as if this Act had not taken effect.
118	118	SECTION 3. This Act takes effect September 1, 2015.