Texas 2023 - 88th Regular

Texas House Bill HB1506 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1506
2	2
3	3
4	4	AN ACT
5	5	relating to the statute of limitations for the offense of
6	6	abandoning or endangering a child.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 12.01, Code of Criminal Procedure, is
9	9	amended to read as follows:
10	10	Art. 12.01. FELONIES. Except as provided in Article 12.03,
11	11	felony indictments may be presented within these limits, and not
12	12	afterward:
13	13	(1) no limitation:
14	14	(A) murder and manslaughter;
15	15	(B) sexual assault under Section 22.011(a)(2),
16	16	Penal Code, or aggravated sexual assault under Section
17	17	22.021(a)(1)(B), Penal Code;
18	18	(C) sexual assault, if:
19	19	(i) during the investigation of the offense
20	20	biological matter is collected and the matter:
21	21	(a) has not yet been subjected to
22	22	forensic DNA testing; or
23	23	(b) has been subjected to forensic DNA
24	24	testing and the testing results show that the matter does not match
25	25	the victim or any other person whose identity is readily
26	26	ascertained; or
27	27	(ii) probable cause exists to believe that
28	28	the defendant has committed the same or a similar sex offense
29	29	against five or more victims;
30	30	(D) continuous sexual abuse of young child or
31	31	disabled individual under Section 21.02, Penal Code;
32	32	(E) indecency with a child under Section 21.11,
33	33	Penal Code;
34	34	(F) an offense involving leaving the scene of an
35	35	accident under Section 550.021, Transportation Code, if the
36	36	accident resulted in the death of a person;
37	37	(G) trafficking of persons under Section
38	38	20A.02(a)(7) or (8), Penal Code;
39	39	(H) continuous trafficking of persons under
40	40	Section 20A.03, Penal Code; or
41	41	(I) compelling prostitution under Section
42	42	43.05(a)(2), Penal Code;
43	43	(2) ten years from the date of the commission of the
44	44	offense:
45	45	(A) theft of any estate, real, personal or mixed,
46	46	by an executor, administrator, guardian or trustee, with intent to
47	47	defraud any creditor, heir, legatee, ward, distributee,
48	48	beneficiary or settlor of a trust interested in such estate;
49	49	(B) theft by a public servant of government
50	50	property over which the public servant exercises control in the
51	51	public servant's 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) fraudulent securing of document execution;
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 (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; or
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	(C) burglary under Section 30.02, Penal Code, if
104	104	the offense is punishable under Subsection (d) of that section and
105	105	the defendant committed the offense with the intent to commit an
106	106	offense described by Subdivision (1)(B) or (D) of this article or
107	107	Paragraph (B) of this subdivision;
108	108	(6) ten years from the 18th birthday of the victim of
109	109	the offense:
110	110	(A) trafficking of persons under Section
111	111	20A.02(a)(5) or (6), Penal Code;
112	112	(B) injury to a child under Section 22.04, Penal
113	113	Code; [or]
114	114	(C) bigamy under Section 25.01, Penal Code, if
115	115	the investigation of the offense shows that the person, other than
116	116	the legal spouse of the defendant, whom the defendant marries or
117	117	purports to marry or with whom the defendant lives under the
118	118	appearance of being married is younger than 18 years of age at the
119	119	time the offense is committed; or
120	120	(D) abandoning or endangering a child;
121	121	(7) two years from the date the offense was
122	122	discovered: sexual assault punishable as a state jail felony under
123	123	Section 22.011(f)(2), Penal Code; or
124	124	(8) three years from the date of the commission of the
125	125	offense: all other felonies.
126	126	SECTION 2. Article 12.01, Code of Criminal Procedure, as
127	127	amended by this Act, does not apply to an offense if the prosecution
128	128	of that offense becomes barred by limitation before the effective
129	129	date of this Act. The prosecution of that offense remains barred as
130	130	if this Act had not taken effect.
131	131	SECTION 3. To the extent of any conflict, this Act prevails
132	132	over another Act of the 88th Legislature, Regular Session, 2023,
133	133	relating to nonsubstantive additions to and corrections in enacted
134	134	codes.
135	135	SECTION 4. This Act takes effect September 1, 2023.
136	136	______________________________ ______________________________
137	137	President of the Senate Speaker of the House
138	138	I certify that H.B. No. 1506 was passed by the House on May 2,
139	139	2023, by the following vote: Yeas 142, Nays 0, 1 present, not
140	140	voting.
141	141	______________________________
142	142	Chief Clerk of the House
143	143	I certify that H.B. No. 1506 was passed by the Senate on May
144	144	24, 2023, by the following vote: Yeas 31, Nays 0.
145	145	______________________________
146	146	Secretary of the Senate
147	147	APPROVED: _____________________
148	148	Date
149	149	_____________________
150	150	Governor