Texas House Bill HB2019

Texas 2023 - 88th Regular

• Filed: 2/8/23
• Out of House Committee: 4/21/23
• Voted on by House: 5/11/23
• Out of Senate Committee: 5/19/23
• Voted on by Senate: 5/22/23
• Governor Action: 6/12/23

Caption

Relating to the statute of limitations for certain burglary offenses.

Impact

By extending the statute of limitations for these specific burglary offenses, HB2019 will significantly impact how cases involving sexual violence and property crime are prosecuted in Texas. This bill allows for continued legal action against individuals whose crimes may have previously gone unpunished due to the constraints imposed by the existing statute of limitations. It reflects a commitment to prioritizing the needs of survivors and ensuring justice is served, even in cases where evidence gathering has been delayed.

Summary

House Bill 2019 proposes amendments to the statute of limitations for certain burglary offenses in Texas, specifically those connected with sexual assault. The bill aims to eliminate the five-year time limit on prosecuting burglary offenses when the defendant entered a habitation with the intent to commit sexual assault and where the prosecution was delayed due to pending DNA testing results from rape kits. This legislative measure is seen as an essential step in addressing a backlog of unresolved cases linked to delayed forensic analysis and ensures that perpetrators can still be charged even if significant time has passed since the crime.

Sentiment

The sentiment surrounding HB2019 has generally been supportive among lawmakers and advocacy groups, particularly those focusing on victims' rights and criminal justice reform. Many proponents view the legislation as a necessary response to the historical underfunding of forensic resources and a recognition of the challenges faced by survivors seeking justice. However, some concerns were voiced during discussions regarding potentially unintended consequences of changing the statute of limitations, particularly related to the principles of justice and fairness in prosecuting alleged offenses.

Contention

Notable points of contention during the discussions included the balance between ensuring justice for survivors through extended prosecution periods and the rights of the accused, which some lawmakers fear could be compromised by extending the limitations. This bill represents a shift towards a more survivor-centric approach in legislation and criminal justice reform, focusing on addressing past injustices related to delays in evidence processing and supporting law enforcement's ability to prosecute as more information becomes available.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 12. Limitation
  • Section: New Section
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 30. Burglary And Criminal Trespass
  • Section: New Section