Texas 2021 - 87th Regular

Texas House Bill HB369 Compare Versions

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

Old	New	Differences
1	1	87R2453 AJZ-D
2	2	By: Craddick H.B. No. 369
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the statute of limitations for aggravated assaults
8	8	involving communicable diseases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 12.01, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 12.01. FELONIES. Except as provided in Article 12.03,
13	13	felony indictments may be presented within these limits, and not
14	14	afterward:
15	15	(1) no limitation:
16	16	(A) murder and manslaughter;
17	17	(B) sexual assault under Section 22.011(a)(2),
18	18	Penal Code, or aggravated sexual assault under Section
19	19	22.021(a)(1)(B), Penal Code;
20	20	(C) sexual assault, if:
21	21	(i) during the investigation of the offense
22	22	biological matter is collected and the matter:
23	23	(a) has not yet been subjected to
24	24	forensic DNA testing; or
25	25	(b) has been subjected to forensic DNA
26	26	testing and the testing results show that the matter does not match
27	27	the victim or any other person whose identity is readily
28	28	ascertained; or
29	29	(ii) probable cause exists to believe that
30	30	the defendant has committed the same or a similar sex offense
31	31	against five or more victims;
32	32	(D) continuous sexual abuse of young child or
33	33	children under Section 21.02, Penal Code;
34	34	(E) indecency with a child under Section 21.11,
35	35	Penal Code;
36	36	(F) an offense involving leaving the scene of an
37	37	accident under Section 550.021, Transportation Code, if the
38	38	accident resulted in the death of a person;
39	39	(G) trafficking of persons under Section
40	40	20A.02(a)(7) or (8), Penal Code;
41	41	(H) continuous trafficking of persons under
42	42	Section 20A.03, Penal Code; or
43	43	(I) compelling prostitution under Section
44	44	43.05(a)(2), Penal Code;
45	45	(2) ten years from the date of the commission of the
46	46	offense:
47	47	(A) theft of any estate, real, personal or mixed,
48	48	by an executor, administrator, guardian or trustee, with intent to
49	49	defraud any creditor, heir, legatee, ward, distributee,
50	50	beneficiary or settlor of a trust interested in such estate;
51	51	(B) theft by a public servant of government
52	52	property over which the public servant exercises control in the
53	53	public servant's official capacity;
54	54	(C) forgery or the uttering, using or passing of
55	55	forged instruments;
56	56	(D) injury to an elderly or disabled individual
57	57	punishable as a felony of the first degree under Section 22.04,
58	58	Penal Code;
59	59	(E) sexual assault, except as provided by
60	60	Subdivision (1) or (7);
61	61	(F) arson;
62	62	(G) trafficking of persons under Section
63	63	20A.02(a)(1), (2), (3), or (4), Penal Code; or
64	64	(H) compelling prostitution under Section
65	65	43.05(a)(1), Penal Code;
66	66	(3) seven years from the date of the commission of the
67	67	offense:
68	68	(A) misapplication of fiduciary property or
69	69	property of a financial institution;
70	70	(B) securing execution of document by deception;
71	71	(C) a felony violation under Chapter 162, Tax
72	72	Code;
73	73	(D) false statement to obtain property or credit
74	74	under Section 32.32, Penal Code;
75	75	(E) money laundering;
76	76	(F) credit card or debit card abuse under Section
77	77	32.31, Penal Code;
78	78	(G) fraudulent use or possession of identifying
79	79	information under Section 32.51, Penal Code;
80	80	(H) exploitation of a child, elderly individual,
81	81	or disabled individual under Section 32.53, Penal Code;
82	82	(I) health care fraud under Section 35A.02, Penal
83	83	Code; or
84	84	(J) bigamy under Section 25.01, Penal Code,
85	85	except as provided by Subdivision (6);
86	86	(4) five years from the date of the commission of the
87	87	offense:
88	88	(A) theft or robbery;
89	89	(B) except as provided by Subdivision (5),
90	90	kidnapping or burglary;
91	91	(C) injury to an elderly or disabled individual
92	92	that is not punishable as a felony of the first degree under Section
93	93	22.04, Penal Code;
94	94	(D) abandoning or endangering a child; [or]
95	95	(E) insurance fraud; or
96	96	(F) aggravated assault, if:
97	97	(i) the defendant was afflicted with a
98	98	communicable disease and, during the commission of the offense,
99	99	used a deadly weapon that consisted of the defendant's body part or
100	100	bodily fluids and was capable of transmitting the disease; or
101	101	(ii) the victim suffered a serious bodily
102	102	injury resulting from the transmission of a communicable disease
103	103	from the defendant to the victim during the commission of the
104	104	offense;
105	105	(5) if the investigation of the offense shows that the
106	106	victim is younger than 17 years of age at the time the offense is
107	107	committed, 20 years from the 18th birthday of the victim of one of
108	108	the following offenses:
109	109	(A) sexual performance by a child under Section
110	110	43.25, Penal Code;
111	111	(B) aggravated kidnapping under Section
112	112	20.04(a)(4), Penal Code, if the defendant committed the offense
113	113	with the intent to violate or abuse the victim sexually; or
114	114	(C) burglary under Section 30.02, Penal Code, if
115	115	the offense is punishable under Subsection (d) of that section and
116	116	the defendant committed the offense with the intent to commit an
117	117	offense described by Subdivision (1)(B) or (D) of this article or
118	118	Paragraph (B) of this subdivision;
119	119	(6) ten years from the 18th birthday of the victim of
120	120	the offense:
121	121	(A) trafficking of persons under Section
122	122	20A.02(a)(5) or (6), Penal Code;
123	123	(B) injury to a child under Section 22.04, Penal
124	124	Code; or
125	125	(C) bigamy under Section 25.01, Penal Code, if
126	126	the investigation of the offense shows that the person, other than
127	127	the legal spouse of the defendant, whom the defendant marries or
128	128	purports to marry or with whom the defendant lives under the
129	129	appearance of being married is younger than 18 years of age at the
130	130	time the offense is committed;
131	131	(7) two years from the date the offense was
132	132	discovered: sexual assault punishable as a state jail felony under
133	133	Section 22.011(f)(2), Penal Code; or
134	134	(8) three years from the date of the commission of the
135	135	offense: all other felonies.
136	136	SECTION 2. The change in law made by this Act does not apply
137	137	to an offense if the prosecution of that offense becomes barred by
138	138	limitation before the effective date of this Act. The prosecution
139	139	of that offense remains barred as if this Act had not taken effect.
140	140	SECTION 3. This Act takes effect September 1, 2021.