Texas 2019 - 86th Regular

Texas Senate Bill SB1259 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1259
	1	+	By: Huffman S.B. No. 1259
	2	+	(Klick, Howard, Thompson of Harris, Button, Noble, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the prosecution of the offense of sexual assault.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Article 12.01, Code of Criminal Procedure, is
8	10		amended to read as follows:
9	11		Art. 12.01. FELONIES. Except as provided in Article 12.03,
10	12		felony indictments may be presented within these limits, and not
11	13		afterward:
12	14		(1) no limitation:
13	15		(A) murder and manslaughter;
14	16		(B) sexual assault under Section 22.011(a)(2),
15	17		Penal Code, or aggravated sexual assault under Section
16	18		22.021(a)(1)(B), Penal Code;
17	19		(C) sexual assault, if:
18	20		(i) during the investigation of the offense
19	21		biological matter is collected and subjected to forensic DNA
20	22		testing and the testing results show that the matter does not match
21	23		the victim or any other person whose identity is readily
22	24		ascertained; or
23	25		(ii) probable cause exists to believe that
24	26		the defendant has committed the same or a similar sexual offense
25	27		against five or more victims;
26	28		(D) continuous sexual abuse of young child or
27	29		children under Section 21.02, Penal Code;
28	30		(E) indecency with a child under Section 21.11,
29	31		Penal Code;
30	32		(F) an offense involving leaving the scene of an
31	33		accident under Section 550.021, Transportation Code, if the
32	34		accident resulted in the death of a person;
33	35		(G) trafficking of persons under Section
34	36		20A.02(a)(7) or (8), Penal Code;
35	37		(H) continuous trafficking of persons under
36	38		Section 20A.03, Penal Code; or
37	39		(I) compelling prostitution under Section
38	40		43.05(a)(2), Penal Code;
39	41		(2) ten years from the date of the commission of the
40	42		offense:
41	43		(A) theft of any estate, real, personal or mixed,
42	44		by an executor, administrator, guardian or trustee, with intent to
43	45		defraud any creditor, heir, legatee, ward, distributee,
44	46		beneficiary or settlor of a trust interested in such estate;
45	47		(B) theft by a public servant of government
46	48		property over which he exercises control in his official capacity;
47	49		(C) forgery or the uttering, using or passing of
48	50		forged instruments;
49	51		(D) injury to an elderly or disabled individual
50	52		punishable as a felony of the first degree under Section 22.04,
51	53		Penal Code;
52	54		(E) sexual assault, except as provided by
53	55		Subdivision (1) or (7);
54	56		(F) arson;
55	57		(G) trafficking of persons under Section
56	58		20A.02(a)(1), (2), (3), or (4), Penal Code; or
57	59		(H) compelling prostitution under Section
58	60		43.05(a)(1), Penal Code;
59	61		(3) seven years from the date of the commission of the
60	62		offense:
61	63		(A) misapplication of fiduciary property or
62	64		property of a financial institution;
63	65		(B) securing execution of document by deception;
64	66		(C) a felony violation under Chapter 162, Tax
65	67		Code;
66	68		(D) false statement to obtain property or credit
67	69		under Section 32.32, Penal Code;
68	70		(E) money laundering;
69	71		(F) credit card or debit card abuse under Section
70	72		32.31, Penal Code;
71	73		(G) fraudulent use or possession of identifying
72	74		information under Section 32.51, Penal Code;
73	75		(H) exploitation of a child, elderly individual,
74	76		or disabled individual under Section 32.53, Penal Code;
75	77		(I) Medicaid fraud under Section 35A.02, Penal
76	78		Code; or
77	79		(J) bigamy under Section 25.01, Penal Code,
78	80		except as provided by Subdivision (6);
79	81		(4) five years from the date of the commission of the
80	82		offense:
81	83		(A) theft or robbery;
82	84		(B) except as provided by Subdivision (5),
83	85		kidnapping or burglary;
84	86		(C) injury to an elderly or disabled individual
85	87		that is not punishable as a felony of the first degree under Section
86	88		22.04, Penal Code;
87	89		(D) abandoning or endangering a child; or
88	90		(E) insurance fraud;
89	91		(5) if the investigation of the offense shows that the
90	92		victim is younger than 17 years of age at the time the offense is
91	93		committed, 20 years from the 18th birthday of the victim of one of
92	94		the following offenses:
93	95		(A) sexual performance by a child under Section
94	96		43.25, Penal Code;
95	97		(B) aggravated kidnapping under Section
96	98		20.04(a)(4), Penal Code, if the defendant committed the offense
97	99		with the intent to violate or abuse the victim sexually; or
98	100		(C) burglary under Section 30.02, Penal Code, if
99	101		the offense is punishable under Subsection (d) of that section and
100	102		the defendant committed the offense with the intent to commit an
101	103		offense described by Subdivision (1)(B) or (D) of this article or
102	104		Paragraph (B) of this subdivision;
103	105		(6) ten years from the 18th birthday of the victim of
104	106		the offense:
105	107		(A) trafficking of persons under Section
106	108		20A.02(a)(5) or (6), Penal Code;
107	109		(B) injury to a child under Section 22.04, Penal
108	110		Code; or
109	111		(C) bigamy under Section 25.01, Penal Code, if
110	112		the investigation of the offense shows that the person, other than
111	113		the legal spouse of the defendant, whom the defendant marries or
112	114		purports to marry or with whom the defendant lives under the
113	115		appearance of being married is younger than 18 years of age at the
114	116		time the offense is committed; [or]
115	117		(7) two years from the date the offense was
116	118		discovered: sexual assault punishable as a state jail felony under
117	119		Section 22.011(f)(2), Penal Code; or
118	120		(8) three years from the date of the commission of the
119	121		offense: all other felonies.
120	122		SECTION 2. Sections 22.011(b) and (f), Penal Code, are
121	123		amended to read as follows:
122	124		(b) A sexual assault under Subsection (a)(1) is without the
123	125		consent of the other person if:
124	126		(1) the actor compels the other person to submit or
125	127		participate by the use of physical force, violence, or coercion;
126	128		(2) the actor compels the other person to submit or
127	129		participate by threatening to use force or violence against the
128	130		other person or to cause harm to the other person, and the other
129	131		person believes that the actor has the present ability to execute
130	132		the threat;
131	133		(3) the other person has not consented and the actor
132	134		knows the other person is unconscious or physically unable to
133	135		resist;
134	136		(4) the actor knows that as a result of mental disease
135	137		or defect the other person is at the time of the sexual assault
136	138		incapable either of appraising the nature of the act or of resisting
137	139		it;
138	140		(5) the other person has not consented and the actor
139	141		knows the other person is unaware that the sexual assault is
140	142		occurring;
141	143		(6) the actor has intentionally impaired the other
142	144		person's power to appraise or control the other person's conduct by
143	145		administering any substance without the other person's knowledge;
144	146		(7) the actor compels the other person to submit or
145	147		participate by threatening to use force or violence against any
146	148		person, and the other person believes that the actor has the ability
147	149		to execute the threat;
148	150		(8) the actor is a public servant who coerces the other
149	151		person to submit or participate;
150	152		(9) the actor is a mental health services provider or a
151	153		health care services provider who causes the other person, who is a
152	154		patient or former patient of the actor, to submit or participate by
153	155		exploiting the other person's emotional dependency on the actor;
154	156		(10) the actor is a clergyman who causes the other
155	157		person to submit or participate by exploiting the other person's
156	158		emotional dependency on the clergyman in the clergyman's
157	159		professional character as spiritual adviser; [or]
158	160		(11) the actor is an employee of a facility where the
159	161		other person is a resident, unless the employee and resident are
160	162		formally or informally married to each other under Chapter 2,
161	163		Family Code; or
162	164		(12) the actor is a health care services provider who,
163	165		in the course of performing an assisted reproduction procedure on
164	166		the other person, uses human reproductive material from a donor
165	167		knowing that the other person has not expressly consented to the use
166	168		of material from that donor.
167	169		(f) An offense under this section is a felony of the second
168	170		degree, except that an offense under this section is:
169	171		(1) a felony of the first degree if the victim was a
170	172		person whom the actor was prohibited from marrying or purporting to
171	173		marry or with whom the actor was prohibited from living under the
172	174		appearance of being married under Section 25.01; or
173	175		(2) a state jail felony if the offense is committed
174	176		under Subsection (a)(1) and the actor has not received express
175	177		consent as described by Subsection (b)(12).
176	178		SECTION 3. Section 22.011(c), Penal Code, is amended by
177	179		adding Subdivisions (6) and (7) to read as follows:
178	180		(6) "Assisted reproduction" and "donor" have the
179	181		meanings assigned by Section 160.102, Family Code.
180	182		(7) "Human reproductive material" means:
181	183		(A) a human spermatozoon or ovum; or
182	184		(B) a human organism at any stage of development
183	185		from fertilized ovum to embryo.
184	186		SECTION 4. The changes in law made by this Act apply only to
185	187		an offense committed on or after the effective date of this Act. An
186	188		offense committed before the effective date of this Act is governed
187	189		by the law in effect when the offense was committed, and the former
188	190		law is continued in effect for that purpose. For purposes of this
189	191		section, an offense was committed before the effective date of this
190	192		Act if any element of the offense occurred before that date.
191	193		SECTION 5. This Act takes effect September 1, 2019.
192		-	______________________________ ______________________________
193		-	President of the Senate Speaker of the House
194		-	I hereby certify that S.B. No. 1259 passed the Senate on
195		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
196		-	______________________________
197		-	Secretary of the Senate
198		-	I hereby certify that S.B. No. 1259 passed the House on
199		-	May 17, 2019, by the following vote: Yeas 139, Nays 0, two
200		-	present not voting.
201		-	______________________________
202		-	Chief Clerk of the House
203		-	Approved:
204		-	______________________________
205		-	Date
206		-	______________________________
207		-	Governor