Texas 2021 - 87th Regular

Texas House Bill HB148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Toth, et al. (Senate Sponsor - Alvarado) H.B. No. 148
2		-	(In the Senate - Received from the House April 27, 2021;
3		-	May 10, 2021, read first time and referred to Committee on Criminal
4		-	Justice; May 20, 2021, reported favorably by the following vote:
5		-	Yeas 6, Nays 0; May 20, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Toth, Craddick, Collier, Leman H.B. No. 148
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11		-	relating to the limitations period for certain ~~criminal offenses~~
12		-	~~based on assaultive conduct~~.
	6	+	relating to the limitations period for certain offenses involving
	7	+	dating or family violence.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Article 12.01, Code of Criminal Procedure, is
15	10		amended to read as follows:
16	11		Art. 12.01. FELONIES. Except as provided in Article 12.03,
17	12		felony indictments may be presented within these limits, and not
18	13		afterward:
19	14		(1) no limitation:
20	15		(A) murder and manslaughter;
21	16		(B) sexual assault under Section 22.011(a)(2),
22	17		Penal Code, or aggravated sexual assault under Section
23	18		22.021(a)(1)(B), Penal Code;
24	19		(C) sexual assault, if:
25	20		(i) during the investigation of the offense
26	21		biological matter is collected and the matter:
27	22		(a) has not yet been subjected to
28	23		forensic DNA testing; or
29	24		(b) has been subjected to forensic DNA
30	25		testing and the testing results show that the matter does not match
31	26		the victim or any other person whose identity is readily
32	27		ascertained; or
33	28		(ii) probable cause exists to believe that
34	29		the defendant has committed the same or a similar sex offense
35	30		against five or more victims;
36	31		(D) continuous sexual abuse of young child or
37	32		children under Section 21.02, Penal Code;
38	33		(E) indecency with a child under Section 21.11,
39	34		Penal Code;
40	35		(F) an offense involving leaving the scene of an
41	36		accident under Section 550.021, Transportation Code, if the
42	37		accident resulted in the death of a person;
43	38		(G) trafficking of persons under Section
44	39		20A.02(a)(7) or (8), Penal Code;
45	40		(H) continuous trafficking of persons under
46	41		Section 20A.03, Penal Code; or
47	42		(I) compelling prostitution under Section
48	43		43.05(a)(2), Penal Code;
49	44		(2) ten years from the date of the commission of the
50	45		offense:
51	46		(A) theft of any estate, real, personal or mixed,
52	47		by an executor, administrator, guardian or trustee, with intent to
53	48		defraud any creditor, heir, legatee, ward, distributee,
54	49		beneficiary or settlor of a trust interested in such estate;
55	50		(B) theft by a public servant of government
56	51		property over which the public servant exercises control in the
57	52		public servant's official capacity;
58	53		(C) forgery or the uttering, using or passing of
59	54		forged instruments;
60	55		(D) injury to an elderly or disabled individual
61	56		punishable as a felony of the first degree under Section 22.04,
62	57		Penal Code;
63	58		(E) sexual assault, except as provided by
64	59		Subdivision (1) or (7);
65	60		(F) arson;
66	61		(G) trafficking of persons under Section
67	62		20A.02(a)(1), (2), (3), or (4), Penal Code; or
68	63		(H) compelling prostitution under Section
69	64		43.05(a)(1), Penal Code;
70	65		(3) seven years from the date of the commission of the
71	66		offense:
72	67		(A) misapplication of fiduciary property or
73	68		property of a financial institution;
74	69		(B) securing execution of document by deception;
75	70		(C) a felony violation under Chapter 162, Tax
76	71		Code;
77	72		(D) false statement to obtain property or credit
78	73		under Section 32.32, Penal Code;
79	74		(E) money laundering;
80	75		(F) credit card or debit card abuse under Section
81	76		32.31, Penal Code;
82	77		(G) fraudulent use or possession of identifying
83	78		information under Section 32.51, Penal Code;
84	79		(H) exploitation of a child, elderly individual,
85	80		or disabled individual under Section 32.53, Penal Code;
86	81		(I) health care fraud under Section 35A.02, Penal
87	82		Code; or
88	83		(J) bigamy under Section 25.01, Penal Code,
89	84		except as provided by Subdivision (6);
90	85		(4) five years from the date of the commission of the
91	86		offense:
92	87		(A) theft or robbery;
93	88		(B) except as provided by Subdivision (5),
94	89		kidnapping or burglary;
95	90		(C) injury to an elderly or disabled individual
96	91		that is not punishable as a felony of the first degree under Section
97	92		22.04, Penal Code;
98	93		(D) abandoning or endangering a child; [or]
99	94		(E) insurance fraud;
100	95		(F) assault under Section 22.01, Penal Code, if
101	96		the assault was committed against a person whose relationship to or
102	97		association with the defendant is described by Section 71.0021(b),
103	98		71.003, or 71.005, Family Code;
104	99		(G) continuous violence against the family under
105	100		Section 25.11, Penal Code; or
106	101		(H) aggravated assault under Section 22.02,
107	102		Penal Code;
108	103		(5) if the investigation of the offense shows that the
109	104		victim is younger than 17 years of age at the time the offense is
110	105		committed, 20 years from the 18th birthday of the victim of one of
111	106		the following offenses:
112	107		(A) sexual performance by a child under Section
113	108		43.25, Penal Code;
114	109		(B) aggravated kidnapping under Section
115	110		20.04(a)(4), Penal Code, if the defendant committed the offense
116	111		with the intent to violate or abuse the victim sexually; or
117	112		(C) burglary under Section 30.02, Penal Code, if
118	113		the offense is punishable under Subsection (d) of that section and
119	114		the defendant committed the offense with the intent to commit an
120	115		offense described by Subdivision (1)(B) or (D) of this article or
121	116		Paragraph (B) of this subdivision;
122	117		(6) ten years from the 18th birthday of the victim of
123	118		the offense:
124	119		(A) trafficking of persons under Section
125	120		20A.02(a)(5) or (6), Penal Code;
126	121		(B) injury to a child under Section 22.04, Penal
127	122		Code; or
128	123		(C) bigamy under Section 25.01, Penal Code, if
129	124		the investigation of the offense shows that the person, other than
130	125		the legal spouse of the defendant, whom the defendant marries or
131	126		purports to marry or with whom the defendant lives under the
132	127		appearance of being married is younger than 18 years of age at the
133	128		time the offense is committed;
134	129		(7) two years from the date the offense was
135	130		discovered: sexual assault punishable as a state jail felony under
136	131		Section 22.011(f)(2), Penal Code; or
137	132		(8) three years from the date of the commission of the
138	133		offense: all other felonies.
139	134		SECTION 2. Article 12.02, Code of Criminal Procedure, is
140	135		amended to read as follows:
141	136		Art. 12.02. MISDEMEANORS. (a) Except as provided by
142	137		Subsection (b), the following charging instruments may be presented
143	138		within two years from the date of the commission of the offense, and
144	139		not afterward:
145	140		(1) an [An] indictment or information for any Class A
146	141		or Class B misdemeanor; and
147	142		(2) a [may be presented within two years from the date
148	143		of the commission of the offense, and not afterward.
149	144		[(b) A] complaint or information for any Class C
150	145		misdemeanor.
151	146		(b) An indictment, information, or complaint, as
152	147		applicable, for assault under Section 22.01, Penal Code, may be
153	148		presented within three [two] years from the date of the commission
154	149		of the offense, and not afterward, if the offense:
155	150		(1) is punishable as a misdemeanor; and
156	151		(2) was committed against a person whose relationship
157	152		to or association with the defendant is described by Section
158	153		71.0021(b), 71.003, or 71.005, Family Code.
159	154		SECTION 3. The change in law made by this Act does not apply
160	155		to an offense if the prosecution of that offense becomes barred by
161	156		limitation before the effective date of this Act. The prosecution
162	157		of that offense remains barred as if this Act had not taken effect.
163	158		SECTION 4. This Act takes effect September 1, 2021.
164		-	* * * * *