Texas 2023 - 88th Regular

Texas House Bill HB467 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 467
2	2
3	3
4	4	AN ACT
5	5	relating to the limitations period for certain criminal offenses
6	6	based on assaultive conduct.
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 (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 (6);
84	84	(4) five years from the date of the commission of the
85	85	offense:
86	86	(A) theft or robbery;
87	87	(B) except as provided by Subdivision (5),
88	88	kidnapping or burglary;
89	89	(C) injury to an elderly or disabled individual
90	90	that is not punishable as a felony of the first degree under Section
91	91	22.04, Penal Code;
92	92	(D) abandoning or endangering a child; [or]
93	93	(E) insurance fraud;
94	94	(F) assault under Section 22.01, Penal Code, if
95	95	the assault was committed against a person whose relationship to or
96	96	association with the defendant is described by Section 71.0021(b),
97	97	71.003, or 71.005, Family Code;
98	98	(G) continuous violence against the family under
99	99	Section 25.11, Penal Code; or
100	100	(H) aggravated assault under Section 22.02,
101	101	Penal Code;
102	102	(5) if the investigation of the offense shows that the
103	103	victim is younger than 17 years of age at the time the offense is
104	104	committed, 20 years from the 18th birthday of the victim of one of
105	105	the following offenses:
106	106	(A) sexual performance by a child under Section
107	107	43.25, Penal Code;
108	108	(B) aggravated kidnapping under Section
109	109	20.04(a)(4), Penal Code, if the defendant committed the offense
110	110	with the intent to violate or abuse the victim sexually; or
111	111	(C) burglary under Section 30.02, Penal Code, if
112	112	the offense is punishable under Subsection (d) of that section and
113	113	the defendant committed the offense with the intent to commit an
114	114	offense described by Subdivision (1)(B) or (D) of this article or
115	115	Paragraph (B) of this subdivision;
116	116	(6) 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, Penal
121	121	Code; or
122	122	(C) bigamy under Section 25.01, Penal Code, if
123	123	the investigation of the offense shows that the person, other than
124	124	the legal spouse of the defendant, whom the defendant marries or
125	125	purports to marry or with whom the defendant lives under the
126	126	appearance of being married is younger than 18 years of age at the
127	127	time the offense is committed;
128	128	(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	(8) three years from the date of the commission of the
132	132	offense: all other felonies.
133	133	SECTION 2. Article 12.02, Code of Criminal Procedure, is
134	134	amended to read as follows:
135	135	Art. 12.02. MISDEMEANORS. (a) Except as provided by
136	136	Subsection (b), the following charging instruments may be presented
137	137	within two years from the date of the commission of the offense, and
138	138	not afterward:
139	139	(1) an [An] indictment or information for any Class A
140	140	or Class B misdemeanor; and
141	141	(2) a [may be presented within two years from the date
142	142	of the commission of the offense, and not afterward.
143	143	[(b) A] complaint or information for any Class C
144	144	misdemeanor.
145	145	(b) An indictment, information, or complaint, as
146	146	applicable, for assault under Section 22.01, Penal Code, may be
147	147	presented within three [two] years from the date of the commission
148	148	of the offense, and not afterward, if the offense:
149	149	(1) is punishable as a misdemeanor; and
150	150	(2) was committed against a person whose relationship
151	151	to or association with the defendant is described by Section
152	152	71.0021(b), 71.003, or 71.005, Family Code.
153	153	SECTION 3. The change in law made by this Act does not apply
154	154	to an offense if the prosecution of that offense becomes barred by
155	155	limitation before the effective date of this Act. The prosecution
156	156	of that offense remains barred as if this Act had not taken effect.
157	157	SECTION 4. This Act takes effect September 1, 2023.
158	158	______________________________ ______________________________
159	159	President of the Senate Speaker of the House
160	160	I certify that H.B. No. 467 was passed by the House on April
161	161	21, 2023, by the following vote: Yeas 139, Nays 0, 1 present, not
162	162	voting.
163	163	______________________________
164	164	Chief Clerk of the House
165	165	I certify that H.B. No. 467 was passed by the Senate on May 8,
166	166	2023, by the following vote: Yeas 31, Nays 0.
167	167	______________________________
168	168	Secretary of the Senate
169	169	APPROVED: _____________________
170	170	Date
171	171	_____________________
172	172	Governor