Texas 2023 - 88th Regular

Texas House Bill HB1769 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1769
2	2
3	3
4	4	AN ACT
5	5	relating to the statute of limitations for certain offenses
6	6	committed against children.
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 (8) [(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 (7) [(6)]; or
84	84	(K) possession or promotion of child pornography
85	85	under Section 43.26, Penal Code;
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;
96	96	(5) if the investigation of the offense shows that the
97	97	victim is younger than 17 years of age at the time the offense is
98	98	committed, 20 years from the 18th birthday of the victim of one of
99	99	the following offenses:
100	100	(A) [sexual performance by a child under Section
101	101	43.25, Penal Code;
102	102	[(B)] aggravated kidnapping under Section
103	103	20.04(a)(4), Penal Code, if the defendant committed the offense
104	104	with the intent to violate or abuse the victim sexually; or
105	105	(B) [(C)] burglary under Section 30.02, Penal
106	106	Code, if the offense is punishable under Subsection (d) of that
107	107	section and the defendant committed the offense with the intent to
108	108	commit an offense described by Subdivision (1)(B) or (D) of this
109	109	article or Paragraph (A) [(B)] of this subdivision;
110	110	(6) 20 years from the 18th birthday of the victim of
111	111	one of the following offenses:
112	112	(A) trafficking of persons under Section
113	113	20A.02(a)(5) or (6), Penal Code; or
114	114	(B) sexual performance by a child under Section
115	115	43.25, Penal Code;
116	116	(7) ten years from the 18th birthday of the victim of
117	117	the offense:
118	118	(A) [trafficking of persons under Section
119	119	20A.02(a)(5) or (6), Penal Code;
120	120	[(B)] injury to a child under Section 22.04,
121	121	Penal Code; or
122	122	(B) [(C)] bigamy under Section 25.01, Penal
123	123	Code, if the investigation of the offense shows that the person,
124	124	other than the legal spouse of the defendant, whom the defendant
125	125	marries or purports to marry or with whom the defendant lives under
126	126	the appearance of being married is younger than 18 years of age at
127	127	the time the offense is committed;
128	128	(8) [(7)] two years from the date the offense was
129	129	discovered: sexual assault punishable as a state jail felony under
130	130	Section 22.011(f)(2), Penal Code; or
131	131	(9) [(8)] three years from the date of the commission
132	132	of the offense: all other felonies.
133	133	SECTION 2. Article 12.01, Code of Criminal Procedure, as
134	134	amended by this Act, does not apply to an offense if the prosecution
135	135	of that offense becomes barred by limitation before the effective
136	136	date of this Act. The prosecution of that offense remains barred as
137	137	if this Act had not taken effect.
138	138	SECTION 3. To the extent of any conflict, this Act prevails
139	139	over another Act of the 88th Legislature, Regular Session, 2023,
140	140	relating to nonsubstantive additions to and corrections in enacted
141	141	codes.
142	142	SECTION 4. This Act takes effect September 1, 2023.
143	143	______________________________ ______________________________
144	144	President of the Senate Speaker of the House
145	145	I certify that H.B. No. 1769 was passed by the House on April
146	146	25, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
147	147	voting.
148	148	______________________________
149	149	Chief Clerk of the House
150	150	I certify that H.B. No. 1769 was passed by the Senate on May
151	151	18, 2023, by the following vote: Yeas 31, Nays 0.
152	152	______________________________
153	153	Secretary of the Senate
154	154	APPROVED: _____________________
155	155	Date
156	156	_____________________
157	157	Governor