Texas Senate Bill SB735

Texas 2019 - 86th Regular

Caption

Relating to the statute of limitations for certain sexual assault offenses.

Impact

The impact of SB735 is anticipated to be profound on both the criminal justice system and the rights of victims of sexual assault. By extending the statute of limitations in cases where biological evidence is present, the bill supports the idea that victims should have more time to pursue justice, particularly in cases where DNA evidence is critical but may take time to analyze. This change aligns with a national trend toward reforming laws to better support victims and ensure that offenders are held accountable. However, it may also put additional pressure on law enforcement and forensic labs to process evidence swiftly to enable timely justice.

Summary

Senate Bill 735 aims to amend the Texas Code of Criminal Procedure concerning the statute of limitations for certain sexual assault offenses, specifically those defined under Sections 22.011 and 22.021 of the Penal Code. The bill introduces provisions that toll the limitation period in cases where biological material is collected during the investigation of the assaults. This means that the period in which a victim can initiate legal action would be extended from the time the biological evidence is collected until forensic DNA test results are available that match the DNA to an individual whose identity can be easily verified. This modification is significant, as DNA evidence collection can play a crucial role in the prosecution of sexual assault cases.

Contention

One notable point of contention surrounding SB735 involves the balance between the rights of victims and the rights of accused individuals. Some critics may argue that prolonged periods for filing charges could lead to challenges in ensuring fair trials, particularly if evidence becomes stale over time. Additionally, there is a concern that this bill may not address other aspects important to addressing sexual violence, such as systemic shortcomings in the prosecution of these cases or the need for comprehensive victim support services before and after trials. Proponents of the bill, however, emphasize that the shortcomings in the current statute of limitations create barriers for victims seeking justice, which this bill aims to dismantle.