Texas 2019 - 86th Regular

Texas House Bill HB764 Compare Versions

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

Old	New	Differences
1	1	86R1355 KJE-F
2	2	By: Wu H.B. No. 764
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	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 12.01, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 12.01. FELONIES. Except as provided in Article 12.03,
12	12	felony indictments may be presented within these limits, and not
13	13	afterward:
14	14	(1) no limitation:
15	15	(A) murder and manslaughter;
16	16	(B) sexual assault under Section 22.011(a)(2),
17	17	Penal Code, or aggravated sexual assault under Section
18	18	22.021(a)(1)(B), Penal Code;
19	19	(C) sexual assault, if:
20	20	(i) during the investigation of the offense
21	21	biological matter is collected and subjected to forensic DNA
22	22	testing and the testing results show that the matter does not match
23	23	the victim or any other person whose identity is readily
24	24	ascertained; or
25	25	(ii) probable cause exists to believe that
26	26	the defendant has committed the same or a similar sexual offense
27	27	against five or more victims;
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;
37	37	(H) continuous trafficking of persons under
38	38	Section 20A.03, Penal Code; or
39	39	(I) compelling prostitution under Section
40	40	43.05(a)(2), Penal Code;
41	41	(2) ten years from the date of the commission of the
42	42	offense:
43	43	(A) theft of any estate, real, personal or mixed,
44	44	by an executor, administrator, guardian or trustee, with intent to
45	45	defraud any creditor, heir, legatee, ward, distributee,
46	46	beneficiary or settlor of a trust interested in such estate;
47	47	(B) theft by a public servant of government
48	48	property over which he exercises control in his official capacity;
49	49	(C) forgery or the uttering, using or passing of
50	50	forged instruments;
51	51	(D) injury to an elderly or disabled individual
52	52	punishable as a felony of the first degree under Section 22.04,
53	53	Penal Code;
54	54	(E) sexual assault, except as provided by
55	55	Subdivision (1);
56	56	(F) arson;
57	57	(G) trafficking of persons under Section
58	58	20A.02(a)(1), (2), (3), or (4), Penal Code; or
59	59	(H) compelling prostitution under Section
60	60	43.05(a)(1), Penal Code;
61	61	(3) seven years from the date of the commission of the
62	62	offense:
63	63	(A) misapplication of fiduciary property or
64	64	property of a financial institution;
65	65	(B) securing execution of document by deception;
66	66	(C) a felony violation under Chapter 162, Tax
67	67	Code;
68	68	(D) false statement to obtain property or credit
69	69	under Section 32.32, Penal Code;
70	70	(E) money laundering;
71	71	(F) credit card or debit card abuse under Section
72	72	32.31, Penal Code;
73	73	(G) fraudulent use or possession of identifying
74	74	information under Section 32.51, Penal Code;
75	75	(H) exploitation of a child, elderly individual,
76	76	or disabled individual under Section 32.53, Penal Code;
77	77	(I) Medicaid fraud under Section 35A.02, Penal
78	78	Code; or
79	79	(J) bigamy under Section 25.01, Penal Code,
80	80	except as provided by Subdivision (6);
81	81	(4) five years from the date of the commission of the
82	82	offense:
83	83	(A) theft or robbery;
84	84	(B) except as provided by Subdivision (5),
85	85	kidnapping or burglary;
86	86	(C) injury to an elderly or disabled individual
87	87	that is not punishable as a felony of the first degree under Section
88	88	22.04, Penal Code;
89	89	(D) abandoning or endangering a child; or
90	90	(E) insurance fraud;
91	91	(5) if the investigation of the offense shows that the
92	92	victim is younger than 17 years of age at the time the offense is
93	93	committed, 20 years from the 18th birthday of the victim of one of
94	94	the following offenses:
95	95	(A) sexual performance by a child under Section
96	96	43.25, Penal Code;
97	97	(B) aggravated kidnapping under Section
98	98	20.04(a)(4), Penal Code, if the defendant committed the offense
99	99	with the intent to violate or abuse the victim sexually; or
100	100	(C) burglary under Section 30.02, Penal Code, if
101	101	the offense is punishable under Subsection (d) of that section and
102	102	the defendant committed the offense with the intent to commit an
103	103	offense described by Subdivision (1)(B) or (D) of this article or
104	104	Paragraph (B) of this subdivision;
105	105	(6) ten years from the 18th birthday of the victim of
106	106	the offense:
107	107	(A) trafficking of persons under Section
108	108	20A.02(a)(5) or (6), Penal Code;
109	109	(B) injury to a child under Section 22.04, Penal
110	110	Code; or
111	111	(C) bigamy under Section 25.01, Penal Code, if
112	112	the investigation of the offense shows that the person, other than
113	113	the legal spouse of the defendant, whom the defendant marries or
114	114	purports to marry or with whom the defendant lives under the
115	115	appearance of being married is younger than 18 years of age at the
116	116	time the offense is committed; or
117	117	(7) three years from the date of the commission of the
118	118	offense:
119	119	(A) aggravated assault; and
120	120	(B) all other felonies not otherwise specified by
121	121	this article.
122	122	SECTION 2. Article 12.03(d), Code of Criminal Procedure, is
123	123	amended to read as follows:
124	124	(d) Any [Except as otherwise provided by this chapter, any]
125	125	offense that bears the title "aggravated" shall carry the same
126	126	limitation period as the primary crime if a limitation period has
127	127	not otherwise been specifically provided for the aggravated offense
128	128	under another provision of this chapter.
129	129	SECTION 3. The change in law made by this Act does not apply
130	130	to an offense if the prosecution of that offense becomes barred by
131	131	limitation before the effective date of this Act. The prosecution
132	132	of that offense remains barred as if this Act had not taken effect.
133	133	SECTION 4. This Act takes effect September 1, 2019.