Texas 2023 - 88th Regular

Texas House Bill HB3025 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3025
2	2
3	3
4	4	AN ACT
5	5	relating to the prosecution of the criminal offenses of aggravated
6	6	kidnapping, kidnapping, and interference with child custody.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act may be cited as Bianca's Law.
9	9	SECTION 2. Article 12.01, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 12.01. FELONIES. Except as provided in Article 12.03,
12	12	felony indictments may be presented within these limits, and not
13	13	afterward:
14	14	(1) no limitation:
15	15	(A) murder and manslaughter;
16	16	(B) sexual assault under Section 22.011(a)(2),
17	17	Penal Code, or aggravated sexual assault under Section
18	18	22.021(a)(1)(B), Penal Code;
19	19	(C) sexual assault, if:
20	20	(i) during the investigation of the offense
21	21	biological matter is collected and the matter:
22	22	(a) has not yet been subjected to
23	23	forensic DNA testing; or
24	24	(b) has been subjected to forensic DNA
25	25	testing and the testing results show that the matter does not match
26	26	the victim or any other person whose identity is readily
27	27	ascertained; or
28	28	(ii) probable cause exists to believe that
29	29	the defendant has committed the same or a similar sex offense
30	30	against five or more victims;
31	31	(D) continuous sexual abuse of young child or
32	32	disabled individual under Section 21.02, Penal Code;
33	33	(E) indecency with a child under Section 21.11,
34	34	Penal Code;
35	35	(F) an offense involving leaving the scene of an
36	36	accident under Section 550.021, Transportation Code, if the
37	37	accident resulted in the death of a person;
38	38	(G) trafficking of persons under Section
39	39	20A.02(a)(7) or (8), Penal Code;
40	40	(H) continuous trafficking of persons under
41	41	Section 20A.03, Penal Code; [or]
42	42	(I) compelling prostitution under Section
43	43	43.05(a)(2), Penal Code; or
44	44	(J) interference with child custody under
45	45	Section 25.03(a)(3), Penal Code;
46	46	(2) ten years from the date of the commission of the
47	47	offense:
48	48	(A) theft of any estate, real, personal or mixed,
49	49	by an executor, administrator, guardian or trustee, with intent to
50	50	defraud any creditor, heir, legatee, ward, distributee,
51	51	beneficiary or settlor of a trust interested in such estate;
52	52	(B) theft by a public servant of government
53	53	property over which the public servant exercises control in the
54	54	public servant's official capacity;
55	55	(C) forgery or the uttering, using, or passing of
56	56	forged instruments;
57	57	(D) injury to an elderly or disabled individual
58	58	punishable as a felony of the first degree under Section 22.04,
59	59	Penal Code;
60	60	(E) sexual assault, except as provided by
61	61	Subdivision (1) or (7);
62	62	(F) arson;
63	63	(G) trafficking of persons under Section
64	64	20A.02(a)(1), (2), (3), or (4), Penal Code; or
65	65	(H) compelling prostitution under Section
66	66	43.05(a)(1), Penal Code;
67	67	(3) seven years from the date of the commission of the
68	68	offense:
69	69	(A) misapplication of fiduciary property or
70	70	property of a financial institution;
71	71	(B) fraudulent securing of document execution;
72	72	(C) a felony violation under Chapter 162, Tax
73	73	Code;
74	74	(D) false statement to obtain property or credit
75	75	under Section 32.32, Penal Code;
76	76	(E) money laundering;
77	77	(F) credit card or debit card abuse under Section
78	78	32.31, Penal Code;
79	79	(G) fraudulent use or possession of identifying
80	80	information under Section 32.51, Penal Code;
81	81	(H) exploitation of a child, elderly individual,
82	82	or disabled individual under Section 32.53, Penal Code;
83	83	(I) health care fraud under Section 35A.02, Penal
84	84	Code; or
85	85	(J) bigamy under Section 25.01, Penal Code,
86	86	except as provided by Subdivision (6);
87	87	(4) five years from the date of the commission of the
88	88	offense:
89	89	(A) theft or robbery;
90	90	(B) except as provided by Subdivision (5),
91	91	kidnapping or burglary;
92	92	(C) injury to an elderly or disabled individual
93	93	that is not punishable as a felony of the first degree under Section
94	94	22.04, Penal Code;
95	95	(D) abandoning or endangering a child; or
96	96	(E) insurance fraud;
97	97	(5) if the investigation of the offense shows that the
98	98	victim is younger than 17 years of age at the time the offense is
99	99	committed, 20 years from the 18th birthday of the victim of one of
100	100	the following offenses:
101	101	(A) sexual performance by a child under Section
102	102	43.25, Penal Code;
103	103	(B) kidnapping under Section 20.03, Penal Code,
104	104	or aggravated kidnapping under Section 20.04 [20.04(a)(4)], Penal
105	105	Code[, if the defendant committed the offense with the intent to
106	106	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 3. Section 25.03, Penal Code, is amended by adding
130	130	Subsection (e) to read as follows:
131	131	(e) If conduct that constitutes an offense under Subsection
132	132	(a)(3) also constitutes an offense under Section 20.03, the actor
133	133	may be prosecuted only under Section 20.03.
134	134	SECTION 4. Article 12.01, Code of Criminal Procedure, as
135	135	amended by this Act, does not apply to the prosecution of an offense
136	136	if that prosecution becomes barred by limitation before the
137	137	effective date of this Act. The prosecution of the offense remains
138	138	barred as if this Act had not taken effect.
139	139	SECTION 5. Section 25.03(e), Penal Code, as added by this
140	140	Act, applies only to an offense committed on or after the effective
141	141	date of this Act. An offense committed before the effective date of
142	142	this Act is governed by the law in effect on the date the offense was
143	143	committed, and the former law is continued in effect for that
144	144	purpose. For purposes of this section, an offense was committed
145	145	before the effective date of this Act if any element of the offense
146	146	occurred before that date.
147	147	SECTION 6. This Act takes effect September 1, 2023.
148	148	______________________________ ______________________________
149	149	President of the Senate Speaker of the House
150	150	I certify that H.B. No. 3025 was passed by the House on May 3,
151	151	2023, by the following vote: Yeas 145, Nays 1, 2 present, not
152	152	voting.
153	153	______________________________
154	154	Chief Clerk of the House
155	155	I certify that H.B. No. 3025 was passed by the Senate on May
156	156	18, 2023, by the following vote: Yeas 31, Nays 0.
157	157	______________________________
158	158	Secretary of the Senate
159	159	APPROVED: _____________________
160	160	Date
161	161	_____________________
162	162	Governor