Texas 2015 - 84th Regular

Texas Senate Bill SB701 Compare Versions

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

Old	New	Differences
1	1	84R533 MEW-D
2	2	By: Taylor of Collin S.B. No. 701
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	offense of sexual performance by a child.
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 550.021, Transportation Code, if the
31	31	accident resulted in the death of a person;
32	32	(G) trafficking of persons under Section
33	33	20A.02(a)(7) or (8), Penal Code; [or]
34	34	(H) continuous trafficking of persons under
35	35	Section 20A.03, Penal Code; or
36	36	(I) sexual performance by a child under Section
37	37	43.25, Penal Code;
38	38	(2) ten years from the date of the commission of the
39	39	offense:
40	40	(A) theft of any estate, real, personal or mixed,
41	41	by an executor, administrator, guardian or trustee, with intent to
42	42	defraud any creditor, heir, legatee, ward, distributee,
43	43	beneficiary or settlor of a trust interested in such estate;
44	44	(B) theft by a public servant of government
45	45	property over which he exercises control in his official capacity;
46	46	(C) forgery or the uttering, using or passing of
47	47	forged instruments;
48	48	(D) injury to an elderly or disabled individual
49	49	punishable as a felony of the first degree under Section 22.04,
50	50	Penal Code;
51	51	(E) sexual assault, except as provided by
52	52	Subdivision (1);
53	53	(F) arson;
54	54	(G) trafficking of persons under Section
55	55	20A.02(a)(1), (2), (3), or (4), Penal Code; or
56	56	(H) compelling prostitution under Section
57	57	43.05(a)(1), Penal Code;
58	58	(3) seven years from the date of the commission of the
59	59	offense:
60	60	(A) misapplication of fiduciary property or
61	61	property of a financial institution;
62	62	(B) securing execution of document by deception;
63	63	(C) a felony violation under Chapter 162, Tax
64	64	Code;
65	65	(D) false statement to obtain property or credit
66	66	under Section 32.32, Penal Code;
67	67	(E) money laundering;
68	68	(F) credit card or debit card abuse under Section
69	69	32.31, Penal Code;
70	70	(G) fraudulent use or possession of identifying
71	71	information under Section 32.51, Penal Code;
72	72	(H) Medicaid fraud under Section 35A.02, Penal
73	73	Code; or
74	74	(I) bigamy under Section 25.01, Penal Code,
75	75	except as provided by Subdivision (6);
76	76	(4) five years from the date of the commission of the
77	77	offense:
78	78	(A) theft or robbery;
79	79	(B) except as provided by Subdivision (5),
80	80	kidnapping or burglary;
81	81	(C) injury to an elderly or disabled individual
82	82	that is not punishable as a felony of the first degree under Section
83	83	22.04, Penal Code;
84	84	(D) abandoning or endangering a child; or
85	85	(E) insurance fraud;
86	86	(5) if the investigation of the offense shows that the
87	87	victim is younger than 17 years of age at the time the offense is
88	88	committed, 20 years from the 18th birthday of the victim of one of
89	89	the following offenses:
90	90	(A) [sexual performance by a child under Section
91	91	43.25, Penal Code;
92	92	[(B)] aggravated kidnapping under Section
93	93	20.04(a)(4), Penal Code, if the defendant committed the offense
94	94	with the intent to violate or abuse the victim sexually; or
95	95	(B) [(C)] burglary under Section 30.02, Penal
96	96	Code, if the offense is punishable under Subsection (d) of that
97	97	section and the defendant committed the offense with the intent to
98	98	commit an offense described by Subdivision (1)(B) or (D) of this
99	99	article or Paragraph (B) of this subdivision;
100	100	(6) ten years from the 18th birthday of the victim of
101	101	the offense:
102	102	(A) trafficking of persons under Section
103	103	20A.02(a)(5) or (6), Penal Code;
104	104	(B) injury to a child under Section 22.04, Penal
105	105	Code;
106	106	(C) compelling prostitution under Section
107	107	43.05(a)(2), Penal Code; or
108	108	(D) bigamy under Section 25.01, Penal Code, if
109	109	the investigation of the offense shows that the person, other than
110	110	the legal spouse of the defendant, whom the defendant marries or
111	111	purports to marry or with whom the defendant lives under the
112	112	appearance of being married is younger than 18 years of age at the
113	113	time the offense is committed; or
114	114	(7) three years from the date of the commission of the
115	115	offense: all other felonies.
116	116	SECTION 2. The change in law made by this Act does not apply
117	117	to an offense if the prosecution of that offense becomes barred by
118	118	limitation before the effective date of this Act. The prosecution
119	119	of that offense remains barred as if this Act had not taken effect.
120	120	SECTION 3. This Act takes effect September 1, 2015.