Texas 2023 - 88th Regular

Texas House Bill HB1624 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7234 MZM-D
2	2	By: Anchía H.B. No. 1624
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the statute of limitations for possession or promotion
8	8	of child pornography.
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	disabled individual 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) fraudulent securing of document execution;
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); or
86	86	(K) possession or promotion of child pornography
87	87	under Section 43.26, Penal Code;
88	88	(4) five years from the date of the commission of the
89	89	offense:
90	90	(A) theft or robbery;
91	91	(B) except as provided by Subdivision (5),
92	92	kidnapping or burglary;
93	93	(C) injury to an elderly or disabled individual
94	94	that is not punishable as a felony of the first degree under Section
95	95	22.04, Penal Code;
96	96	(D) abandoning or endangering a child; or
97	97	(E) insurance fraud;
98	98	(5) if the investigation of the offense shows that the
99	99	victim is younger than 17 years of age at the time the offense is
100	100	committed, 20 years from the 18th birthday of the victim of one of
101	101	the following offenses:
102	102	(A) sexual performance by a child under Section
103	103	43.25, Penal Code;
104	104	(B) aggravated kidnapping under Section
105	105	20.04(a)(4), Penal Code, if the defendant committed the offense
106	106	with the intent to violate or abuse the victim sexually; or
107	107	(C) burglary under Section 30.02, Penal Code, if
108	108	the offense is punishable under Subsection (d) of that section and
109	109	the defendant committed the offense with the intent to commit an
110	110	offense described by Subdivision (1)(B) or (D) of this article or
111	111	Paragraph (B) of this subdivision;
112	112	(6) ten years from the 18th birthday of the victim of
113	113	the offense:
114	114	(A) trafficking of persons under Section
115	115	20A.02(a)(5) or (6), Penal Code;
116	116	(B) injury to a child under Section 22.04, Penal
117	117	Code; or
118	118	(C) bigamy under Section 25.01, Penal Code, if
119	119	the investigation of the offense shows that the person, other than
120	120	the legal spouse of the defendant, whom the defendant marries or
121	121	purports to marry or with whom the defendant lives under the
122	122	appearance of being married is younger than 18 years of age at the
123	123	time the offense is committed;
124	124	(7) two years from the date the offense was
125	125	discovered: sexual assault punishable as a state jail felony under
126	126	Section 22.011(f)(2), Penal Code; or
127	127	(8) three years from the date of the commission of the
128	128	offense: all other felonies.
129	129	SECTION 2. Article 12.01, Code of Criminal Procedure, as
130	130	amended by this Act, does not apply to an offense if the prosecution
131	131	of that offense becomes barred by limitation before the effective
132	132	date of this Act. The prosecution of that offense remains barred as
133	133	if this Act had not taken effect.
134	134	SECTION 3. To the extent of any conflict, this Act prevails
135	135	over another Act of the 88th Legislature, Regular Session, 2023,
136	136	relating to nonsubstantive additions to and corrections in enacted
137	137	codes.
138	138	SECTION 4. This Act takes effect September 1, 2023.