Texas 2023 - 88th Regular

Texas House Bill HB2019 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2019
2	2
3	3
4	4	AN ACT
5	5	relating to the statute of limitations for certain burglary
6	6	offenses.
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; or
43	43	(J) burglary under Section 30.02, Penal Code, if:
44	44	(i) the offense is punishable under
45	45	Subsection (d) of that section because the defendant entered a
46	46	habitation with the intent to commit an offense under Section
47	47	22.011 or 22.021, Penal Code; and
48	48	(ii) during the investigation of the
49	49	offense biological matter is collected and the matter:
50	50	(a) has not yet been subjected to
51	51	forensic DNA testing; or
52	52	(b) has been subjected to forensic DNA
53	53	testing and the testing results show that the matter does not match
54	54	the victim or any other person whose identity is readily
55	55	ascertained;
56	56	(2) ten years from the date of the commission of the
57	57	offense:
58	58	(A) theft of any estate, real, personal or mixed,
59	59	by an executor, administrator, guardian or trustee, with intent to
60	60	defraud any creditor, heir, legatee, ward, distributee,
61	61	beneficiary or settlor of a trust interested in such estate;
62	62	(B) theft by a public servant of government
63	63	property over which the public servant exercises control in the
64	64	public servant's official capacity;
65	65	(C) forgery or the uttering, using, or passing of
66	66	forged instruments;
67	67	(D) injury to an elderly or disabled individual
68	68	punishable as a felony of the first degree under Section 22.04,
69	69	Penal Code;
70	70	(E) sexual assault, except as provided by
71	71	Subdivision (1) or (7);
72	72	(F) arson;
73	73	(G) trafficking of persons under Section
74	74	20A.02(a)(1), (2), (3), or (4), Penal Code; or
75	75	(H) compelling prostitution under Section
76	76	43.05(a)(1), Penal Code;
77	77	(3) seven years from the date of the commission of the
78	78	offense:
79	79	(A) misapplication of fiduciary property or
80	80	property of a financial institution;
81	81	(B) fraudulent securing of document execution;
82	82	(C) a felony violation under Chapter 162, Tax
83	83	Code;
84	84	(D) false statement to obtain property or credit
85	85	under Section 32.32, Penal Code;
86	86	(E) money laundering;
87	87	(F) credit card or debit card abuse under Section
88	88	32.31, Penal Code;
89	89	(G) fraudulent use or possession of identifying
90	90	information under Section 32.51, Penal Code;
91	91	(H) exploitation of a child, elderly individual,
92	92	or disabled individual under Section 32.53, Penal Code;
93	93	(I) health care fraud under Section 35A.02, Penal
94	94	Code; or
95	95	(J) bigamy under Section 25.01, Penal Code,
96	96	except as provided by Subdivision (6);
97	97	(4) five years from the date of the commission of the
98	98	offense:
99	99	(A) theft or robbery;
100	100	(B) except as provided by Subdivision (5),
101	101	kidnapping [or burglary];
102	102	(B-1) except as provided by Subdivision (1) or
103	103	(5), burglary;
104	104	(C) injury to an elderly or disabled individual
105	105	that is not punishable as a felony of the first degree under Section
106	106	22.04, Penal Code;
107	107	(D) abandoning or endangering a child; or
108	108	(E) insurance fraud;
109	109	(5) if the investigation of the offense shows that the
110	110	victim is younger than 17 years of age at the time the offense is
111	111	committed, 20 years from the 18th birthday of the victim of one of
112	112	the following offenses:
113	113	(A) sexual performance by a child under Section
114	114	43.25, Penal Code;
115	115	(B) aggravated kidnapping under Section
116	116	20.04(a)(4), Penal Code, if the defendant committed the offense
117	117	with the intent to violate or abuse the victim sexually; or
118	118	(C) subject to Subdivision (1)(J), burglary
119	119	under Section 30.02, Penal Code, if the offense is punishable under
120	120	Subsection (d) of that section because [and] the defendant entered
121	121	a habitation [committed the offense] with the intent to commit an
122	122	offense described by Subdivision (1)(B) or (D) of this article or
123	123	Paragraph (B) of this subdivision;
124	124	(6) ten years from the 18th birthday of the victim of
125	125	the offense:
126	126	(A) trafficking of persons under Section
127	127	20A.02(a)(5) or (6), Penal Code;
128	128	(B) injury to a child under Section 22.04, Penal
129	129	Code; or
130	130	(C) bigamy under Section 25.01, Penal Code, if
131	131	the investigation of the offense shows that the person, other than
132	132	the legal spouse of the defendant, whom the defendant marries or
133	133	purports to marry or with whom the defendant lives under the
134	134	appearance of being married is younger than 18 years of age at the
135	135	time the offense is committed;
136	136	(7) two years from the date the offense was
137	137	discovered: sexual assault punishable as a state jail felony under
138	138	Section 22.011(f)(2), Penal Code; or
139	139	(8) three years from the date of the commission of the
140	140	offense: all other felonies.
141	141	SECTION 2. The change in law made by this Act does not apply
142	142	to an offense if the prosecution of that offense becomes barred by
143	143	limitation before the effective date of this Act. The prosecution
144	144	of that offense remains barred as if this Act had not taken effect.
145	145	SECTION 3. This Act takes effect September 1, 2023.
146	146	______________________________ ______________________________
147	147	President of the Senate Speaker of the House
148	148	I certify that H.B. No. 2019 was passed by the House on May
149	149	11, 2023, by the following vote: Yeas 139, Nays 2, 1 present, not
150	150	voting.
151	151	______________________________
152	152	Chief Clerk of the House
153	153	I certify that H.B. No. 2019 was passed by the Senate on May
154	154	22, 2023, by the following vote: Yeas 31, Nays 0.
155	155	______________________________
156	156	Secretary of the Senate
157	157	APPROVED: _____________________
158	158	Date
159	159	_____________________
160	160	Governor