Texas 2023 - 88th Regular

Texas House Bill HB240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R379 JCG-D
2	2	By: Toth H.B. No. 240
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the limitations period for certain criminal offenses
8	8	involving dating, household, or other family violence.
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);
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	(F) assault under Section 22.01, Penal Code, or
97	97	aggravated assault under Section 22.02, Penal Code, if the assault
98	98	or aggravated assault was committed against a person whose
99	99	relationship to or association with the defendant is described by
100	100	Section 71.0021(b), 71.003, or 71.005, Family Code; or
101	101	(G) continuous violence against the family under
102	102	Section 25.11, Penal Code;
103	103	(5) if the investigation of the offense shows that the
104	104	victim is younger than 17 years of age at the time the offense is
105	105	committed, 20 years from the 18th birthday of the victim of one of
106	106	the following offenses:
107	107	(A) sexual performance by a child under Section
108	108	43.25, Penal Code;
109	109	(B) aggravated kidnapping under Section
110	110	20.04(a)(4), Penal Code, if the defendant committed the offense
111	111	with the intent to violate or abuse the victim sexually; or
112	112	(C) burglary under Section 30.02, Penal Code, if
113	113	the offense is punishable under Subsection (d) of that section and
114	114	the defendant committed the offense with the intent to commit an
115	115	offense described by Subdivision (1)(B) or (D) of this article or
116	116	Paragraph (B) of this subdivision;
117	117	(6) ten years from the 18th birthday of the victim of
118	118	the offense:
119	119	(A) trafficking of persons under Section
120	120	20A.02(a)(5) or (6), Penal Code;
121	121	(B) injury to a child under Section 22.04, Penal
122	122	Code; or
123	123	(C) bigamy under Section 25.01, Penal Code, if
124	124	the investigation of the offense shows that the person, other than
125	125	the legal spouse of the defendant, whom the defendant marries or
126	126	purports to marry or with whom the defendant lives under the
127	127	appearance of being married is younger than 18 years of age at the
128	128	time the offense is committed;
129	129	(7) two years from the date the offense was
130	130	discovered: sexual assault punishable as a state jail felony under
131	131	Section 22.011(f)(2), Penal Code; or
132	132	(8) three years from the date of the commission of the
133	133	offense: all other felonies.
134	134	SECTION 2. Article 12.02, Code of Criminal Procedure, is
135	135	amended to read as follows:
136	136	Art. 12.02. MISDEMEANORS. (a) Except as provided by
137	137	Subsection (b), the following charging instruments may be presented
138	138	within two years from the date of the commission of the offense, and
139	139	not afterward:
140	140	(1) an [An] indictment or information for any Class A
141	141	or Class B misdemeanor; and
142	142	(2) a [may be presented within two years from the date
143	143	of the commission of the offense, and not afterward.
144	144	[(b) A] complaint or information for any Class C
145	145	misdemeanor.
146	146	(b) An indictment, information, or complaint, as
147	147	applicable, for assault under Section 22.01, Penal Code, may be
148	148	presented within three [two] years from the date of the commission
149	149	of the offense, and not afterward, if the offense:
150	150	(1) is punishable as a misdemeanor; and
151	151	(2) was committed against a person whose relationship
152	152	to or association with the defendant is described by Section
153	153	71.0021(b), 71.003, or 71.005, Family Code.
154	154	SECTION 3. The change in law made by this Act does not apply
155	155	to an offense if the prosecution of that offense becomes barred by
156	156	limitation before the effective date of this Act. The prosecution
157	157	of that offense remains barred as if this Act had not taken effect.
158	158	SECTION 4. This Act takes effect September 1, 2023.