Texas 2021 - 87th Regular

Texas House Bill HB1139 Compare Versions

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

Old	New	Differences
1	1	By: Meyer H.B. No. 1139
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 offenses
7	7	committed against children.
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 the matter:
22	22	(a) has not yet been subjected to
23	23	forensic DNA testing; or
24	24	(b) has been subjected to forensic DNA
25	25	testing and the testing results show that the matter does not match
26	26	the victim or any other person whose identity is readily
27	27	ascertained; or
28	28	(ii) probable cause exists to believe that
29	29	the defendant has committed the same or a similar sexual offense
30	30	against five or more victims;
31	31	(D) continuous sexual abuse of young child or
32	32	children under Section 21.02, Penal Code;
33	33	(E) indecency with a child under Section 21.11,
34	34	Penal Code;
35	35	(F) an offense involving leaving the scene of an
36	36	accident under Section 550.021, Transportation Code, if the
37	37	accident resulted in the death of a person;
38	38	(G) trafficking of persons under Section
39	39	20A.02(a)(7) or (8), Penal Code;
40	40	(H) continuous trafficking of persons under
41	41	Section 20A.03, Penal Code; or
42	42	(I) compelling prostitution under Section
43	43	43.05(a)(2), Penal Code;
44	44	(2) ten years from the date of the commission of the
45	45	offense:
46	46	(A) theft of any estate, real, personal or mixed,
47	47	by an executor, administrator, guardian or trustee, with intent to
48	48	defraud any creditor, heir, legatee, ward, distributee,
49	49	beneficiary or settlor of a trust interested in such estate;
50	50	(B) theft by a public servant of government
51	51	property over which he exercises control in his official capacity;
52	52	(C) forgery or the uttering, using or passing of
53	53	forged instruments;
54	54	(D) injury to an elderly or disabled individual
55	55	punishable as a felony of the first degree under Section 22.04,
56	56	Penal Code;
57	57	(E) sexual assault, except as provided by
58	58	Subdivision (1)or (7);
59	59	(F) arson;
60	60	(G) trafficking of persons under Section
61	61	20A.02(a)(1), (2), (3), or (4), Penal Code; or
62	62	(H) compelling prostitution under Section
63	63	43.05(a)(1), Penal Code;
64	64	(3) seven years from the date of the commission of the
65	65	offense:
66	66	(A) misapplication of fiduciary property or
67	67	property of a financial institution;
68	68	(B) securing execution of document by deception;
69	69	(C) a felony violation under Chapter 162, Tax
70	70	Code;
71	71	(D) false statement to obtain property or credit
72	72	under Section 32.32, Penal Code;
73	73	(E) money laundering;
74	74	(F) credit card or debit card abuse under Section
75	75	32.31, Penal Code;
76	76	(G) fraudulent use or possession of identifying
77	77	information under Section 32.51, Penal Code;
78	78	(H) exploitation of a child, elderly individual,
79	79	or disabled individual under Section 32.53, Penal Code;
80	80	(I) health care fraud under Section 35A.02, Penal
81	81	Code; or
82	82	(J) bigamy under Section 25.01, Penal Code,
83	83	except as provided by Subdivision (7) [(6)];
84	84	(4) five years from the date of the commission of the
85	85	offense:
86	86	(A) theft or robbery;
87	87	(B) except as provided by Subdivision (5),
88	88	kidnapping or burglary;
89	89	(C) injury to an elderly or disabled individual
90	90	that is not punishable as a felony of the first degree under Section
91	91	22.04, Penal Code;
92	92	(D) abandoning or endangering a child; or
93	93	(E) insurance fraud;
94	94	(5) if the investigation of the offense shows that the
95	95	victim is younger than 17 years of age at the time the offense is
96	96	committed, 20 years from the 18th birthday of the victim of one of
97	97	the following offenses:
98	98	(A) [sexual performance by a child under Section
99	99	43.25, Penal Code;
100	100	[(B)] aggravated kidnapping under Section
101	101	20.04(a)(4), Penal Code, if the defendant committed the offense
102	102	with the intent to violate or abuse the victim sexually; or
103	103	(B) [(C)] burglary under Section 30.02, Penal
104	104	Code, if the offense is punishable under Subsection (d) of that
105	105	section and the defendant committed the offense with the intent to
106	106	commit an offense described by Subdivision (1)(B) or (D) of this
107	107	article or Paragraph (A) [(B)] of this subdivision;
108	108	(6) 20 years from the 18th birthday of the victim of
109	109	one of the following offenses:
110	110	(A) trafficking of persons under Section
111	111	20A.02(a)(5) or (6), Penal Code; or
112	112	(B) sexual performance by a child under Section
113	113	43.25, Penal Code;
114	114	(7) ten years from the 18th birthday of the victim of
115	115	the offense:
116	116	(A) [trafficking of persons under Section
117	117	20A.02(a)(5) or (6), Penal Code;
118	118	[(B)] injury to a child under Section 22.04,
119	119	Penal Code; or
120	120	(B) [(C)] bigamy under Section 25.01, Penal
121	121	Code, if the investigation of the offense shows that the person,
122	122	other than the legal spouse of the defendant, whom the defendant
123	123	marries or purports to marry or with whom the defendant lives under
124	124	the appearance of being married is younger than 18 years of age at
125	125	the time the offense is committed; [or]
126	126	(8) [(7)] two years from the date the offense was
127	127	discovered: sexual assault punishable as a state jail felony under
128	128	Section 22.011(f)(2), Penal Code; or
129	129	(9) [(8)] three years from the date of the commission
130	130	of the offense: all other felonies.
131	131	SECTION 2. Article 12.01, Code of Criminal Procedure, as
132	132	amended by this Act, does not apply to an offense if the prosecution
133	133	of that offense becomes barred by limitation before the effective
134	134	date of this Act. The prosecution of that offense remains barred as
135	135	if this Act had not taken effect.
136	136	SECTION 3. This Act takes effect September 1, 2021.