Texas 2019 - 86th Regular

Texas House Bill HB1023 Compare Versions

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

Old	New	Differences
1	1	86R4881 KJE-D
2	2	By: Moody H.B. No. 1023
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the statute of limitations for aggravated assault
8	8	committed against a public servant.
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:
21	21	(i) during the investigation of the offense
22	22	biological matter is collected and subjected to forensic DNA
23	23	testing and the testing results show that the matter does not match
24	24	the victim or any other person whose identity is readily
25	25	ascertained; or
26	26	(ii) probable cause exists to believe that
27	27	the defendant has committed the same or a similar sexual offense
28	28	against five or more victims;
29	29	(D) continuous sexual abuse of young child or
30	30	children under Section 21.02, Penal Code;
31	31	(E) indecency with a child under Section 21.11,
32	32	Penal Code;
33	33	(F) an offense involving leaving the scene of an
34	34	accident under Section 550.021, Transportation Code, if the
35	35	accident resulted in the death of a person;
36	36	(G) trafficking of persons under Section
37	37	20A.02(a)(7) or (8), Penal Code;
38	38	(H) continuous trafficking of persons under
39	39	Section 20A.03, Penal Code; or
40	40	(I) compelling prostitution under Section
41	41	43.05(a)(2), Penal Code;
42	42	(2) ten years from the date of the commission of the
43	43	offense:
44	44	(A) theft of any estate, real, personal or mixed,
45	45	by an executor, administrator, guardian or trustee, with intent to
46	46	defraud any creditor, heir, legatee, ward, distributee,
47	47	beneficiary or settlor of a trust interested in such estate;
48	48	(B) theft by a public servant of government
49	49	property over which he exercises control in his official capacity;
50	50	(C) forgery or the uttering, using or passing of
51	51	forged instruments;
52	52	(D) injury to an elderly or disabled individual
53	53	punishable as a felony of the first degree under Section 22.04,
54	54	Penal Code;
55	55	(E) sexual assault, except as provided by
56	56	Subdivision (1);
57	57	(F) arson;
58	58	(G) trafficking of persons under Section
59	59	20A.02(a)(1), (2), (3), or (4), Penal Code; [or]
60	60	(H) compelling prostitution under Section
61	61	43.05(a)(1), Penal Code; or
62	62	(I) aggravated assault under Section 22.02,
63	63	Penal Code, if the offense is committed against a public servant and
64	64	punishable under Subsection (b)(2)(B) of that section;
65	65	(3) seven years from the date of the commission of the
66	66	offense:
67	67	(A) misapplication of fiduciary property or
68	68	property of a financial institution;
69	69	(B) securing execution of document by deception;
70	70	(C) a felony violation under Chapter 162, Tax
71	71	Code;
72	72	(D) false statement to obtain property or credit
73	73	under Section 32.32, Penal Code;
74	74	(E) money laundering;
75	75	(F) credit card or debit card abuse under Section
76	76	32.31, Penal Code;
77	77	(G) fraudulent use or possession of identifying
78	78	information under Section 32.51, Penal Code;
79	79	(H) exploitation of a child, elderly individual,
80	80	or disabled individual under Section 32.53, Penal Code;
81	81	(I) Medicaid fraud under Section 35A.02, Penal
82	82	Code; or
83	83	(J) bigamy under Section 25.01, Penal Code,
84	84	except as provided by Subdivision (6);
85	85	(4) five years from the date of the commission of the
86	86	offense:
87	87	(A) theft or robbery;
88	88	(B) except as provided by Subdivision (5),
89	89	kidnapping or burglary;
90	90	(C) injury to an elderly or disabled individual
91	91	that is not punishable as a felony of the first degree under Section
92	92	22.04, Penal Code;
93	93	(D) abandoning or endangering a child; or
94	94	(E) insurance fraud;
95	95	(5) if the investigation of the offense shows that the
96	96	victim is younger than 17 years of age at the time the offense is
97	97	committed, 20 years from the 18th birthday of the victim of one of
98	98	the following offenses:
99	99	(A) sexual performance by a child under Section
100	100	43.25, Penal Code;
101	101	(B) aggravated kidnapping under Section
102	102	20.04(a)(4), Penal Code, if the defendant committed the offense
103	103	with the intent to violate or abuse the victim sexually; or
104	104	(C) burglary under Section 30.02, Penal Code, if
105	105	the offense is punishable under Subsection (d) of that section and
106	106	the defendant committed the offense with the intent to commit an
107	107	offense described by Subdivision (1)(B) or (D) of this article or
108	108	Paragraph (B) of this subdivision;
109	109	(6) ten years from the 18th birthday of the victim of
110	110	the offense:
111	111	(A) trafficking of persons under Section
112	112	20A.02(a)(5) or (6), Penal Code;
113	113	(B) injury to a child under Section 22.04, Penal
114	114	Code; or
115	115	(C) bigamy under Section 25.01, Penal Code, if
116	116	the investigation of the offense shows that the person, other than
117	117	the legal spouse of the defendant, whom the defendant marries or
118	118	purports to marry or with whom the defendant lives under the
119	119	appearance of being married is younger than 18 years of age at the
120	120	time the offense is committed; or
121	121	(7) three years from the date of the commission of the
122	122	offense: all other felonies.
123	123	SECTION 2. The change in law made by this Act does not apply
124	124	to an offense if the prosecution of that offense becomes barred by
125	125	limitation before the effective date of this Act. The prosecution
126	126	of that offense remains barred as if this Act had not taken effect.
127	127	SECTION 3. This Act takes effect September 1, 2019.