Texas 2019 - 86th Regular

Texas Senate Bill SB735 Compare Versions

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

Old	New	Differences
1	1	By: Watson S.B. No. 735
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the statute of limitations for certain sexual assault
7	7	offenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 12, Code of Criminal Procedure, is
10	10	amended by adding Article 12.051 to read as follows:
11	11	Art. 12.051. TOLLING OF LIMITATION PERIOD IN CERTAIN SEXUAL
12	12	ASSAULT CASES. (a) This article applies only to sexual assault
13	13	under Section 22.011, Penal Code, and aggravated sexual assault
14	14	under Section 22.021, Penal Code.
15	15	(b) If biological matter is collected during the
16	16	investigation of an offense to which this article applies, the
17	17	running of the period of limitation for the offense is tolled from
18	18	the date on which the biological matter is first collected until the
19	19	date on which forensic DNA testing results show that all DNA
20	20	profiles derived from the matter match one or more persons, all of
21	21	whose identities are readily ascertained.
22	22	SECTION 2. Article 12.01, Code of Criminal Procedure, is
23	23	amended to read as follows:
24	24	Art. 12.01. FELONIES. Except as provided in Article 12.03,
25	25	felony indictments may be presented within these limits, and not
26	26	afterward:
27	27	(1) no limitation:
28	28	(A) murder and manslaughter;
29	29	(B) sexual assault under Section 22.011(a)(2),
30	30	Penal Code, or aggravated sexual assault under Section
31	31	22.021(a)(1)(B), Penal Code;
32	32	(C) sexual assault, if[:
33	33	[(i) during the investigation of the
34	34	offense biological matter is collected and subjected to forensic
35	35	DNA testing and the testing results show that the matter does not
36	36	match the victim or any other person whose identity is readily
37	37	ascertained; or
38	38	[(ii)] probable cause exists to believe
39	39	that the defendant has committed the same or a similar sexual
40	40	offense against five or more victims;
41	41	(D) continuous sexual abuse of young child or
42	42	children under Section 21.02, Penal Code;
43	43	(E) indecency with a child under Section 21.11,
44	44	Penal Code;
45	45	(F) an offense involving leaving the scene of an
46	46	accident under Section 550.021, Transportation Code, if the
47	47	accident resulted in the death of a person;
48	48	(G) trafficking of persons under Section
49	49	20A.02(a)(7) or (8), Penal Code;
50	50	(H) continuous trafficking of persons under
51	51	Section 20A.03, Penal Code; or
52	52	(I) compelling prostitution under Section
53	53	43.05(a)(2), Penal Code;
54	54	(2) ten years from the date of the commission of the
55	55	offense:
56	56	(A) theft of any estate, real, personal or mixed,
57	57	by an executor, administrator, guardian or trustee, with intent to
58	58	defraud any creditor, heir, legatee, ward, distributee,
59	59	beneficiary or settlor of a trust interested in such estate;
60	60	(B) theft by a public servant of government
61	61	property over which he exercises control in his official capacity;
62	62	(C) forgery or the uttering, using or passing of
63	63	forged instruments;
64	64	(D) injury to an elderly or disabled individual
65	65	punishable as a felony of the first degree under Section 22.04,
66	66	Penal Code;
67	67	(E) sexual assault, except as provided by
68	68	Subdivision (1);
69	69	(F) arson;
70	70	(G) trafficking of persons under Section
71	71	20A.02(a)(1), (2), (3), or (4), Penal Code; or
72	72	(H) compelling prostitution under Section
73	73	43.05(a)(1), Penal Code;
74	74	(3) seven years from the date of the commission of the
75	75	offense:
76	76	(A) misapplication of fiduciary property or
77	77	property of a financial institution;
78	78	(B) securing execution of document by deception;
79	79	(C) a felony violation under Chapter 162, Tax
80	80	Code;
81	81	(D) false statement to obtain property or credit
82	82	under Section 32.32, Penal Code;
83	83	(E) money laundering;
84	84	(F) credit card or debit card abuse under Section
85	85	32.31, Penal Code;
86	86	(G) fraudulent use or possession of identifying
87	87	information under Section 32.51, Penal Code;
88	88	(H) exploitation of a child, elderly individual,
89	89	or disabled individual under Section 32.53, Penal Code;
90	90	(I) Medicaid fraud under Section 35A.02, Penal
91	91	Code; or
92	92	(J) bigamy under Section 25.01, Penal Code,
93	93	except as provided by Subdivision (6);
94	94	(4) five years from the date of the commission of the
95	95	offense:
96	96	(A) theft or robbery;
97	97	(B) except as provided by Subdivision (5),
98	98	kidnapping or burglary;
99	99	(C) injury to an elderly or disabled individual
100	100	that is not punishable as a felony of the first degree under Section
101	101	22.04, Penal Code;
102	102	(D) abandoning or endangering a child; or
103	103	(E) insurance fraud;
104	104	(5) if the investigation of the offense shows that the
105	105	victim is younger than 17 years of age at the time the offense is
106	106	committed, 20 years from the 18th birthday of the victim of one of
107	107	the following offenses:
108	108	(A) sexual performance by a child under Section
109	109	43.25, Penal Code;
110	110	(B) aggravated kidnapping under Section
111	111	20.04(a)(4), Penal Code, if the defendant committed the offense
112	112	with the intent to violate or abuse the victim sexually; or
113	113	(C) burglary under Section 30.02, Penal Code, if
114	114	the offense is punishable under Subsection (d) of that section and
115	115	the defendant committed the offense with the intent to commit an
116	116	offense described by Subdivision (1)(B) or (D) of this article or
117	117	Paragraph (B) of this subdivision;
118	118	(6) ten years from the 18th birthday of the victim of
119	119	the offense:
120	120	(A) trafficking of persons under Section
121	121	20A.02(a)(5) or (6), Penal Code;
122	122	(B) injury to a child under Section 22.04, Penal
123	123	Code; or
124	124	(C) bigamy under Section 25.01, Penal Code, if
125	125	the investigation of the offense shows that the person, other than
126	126	the legal spouse of the defendant, whom the defendant marries or
127	127	purports to marry or with whom the defendant lives under the
128	128	appearance of being married is younger than 18 years of age at the
129	129	time the offense is committed; or
130	130	(7) three years from the date of the commission of the
131	131	offense: all other felonies.
132	132	SECTION 3. The changes in law made by this Act do not apply
133	133	to an offense if the prosecution of that offense becomes barred by
134	134	limitation before the effective date of this Act. The prosecution
135	135	of that offense remains barred as if this Act had not taken effect.
136	136	SECTION 4. This Act takes effect September 1, 2019.