Texas House Bill HB467

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 3/31/23
• Voted on by House: 4/21/23
• Out of Senate Committee: 5/3/23
• Voted on by Senate: 5/8/23
• Governor Action: 5/23/23

Caption

Relating to the limitations period for certain criminal offenses based on assaultive conduct.

Impact

The passing of HB 467 could significantly affect the prosecution of assault crimes in Texas. Currently, many victims fail to report incidents within the existing time frames, leading to a lack of accountability for perpetrators. By extending these limits, the bill is expected to enable better access to justice for victims of assault, especially those whose situations may complicate timely reporting. Supporters, including legal professionals and advocacy groups, argue that this legislation is crucial for promoting victim rights and enhancing the criminal justice system's responsiveness to such cases.

Summary

House Bill 467 aims to extend the statute of limitations for certain assault offenses in Texas. Specifically, it proposes raising the limitation period from two years to three years for misdemeanor assaults and from three years to five years for felony assaults committed against individuals in a dating, family, or household relationship with the perpetrator. This change is designed to assist victims who may take longer to report their abuse due to various psychological and social factors, particularly the control abusers may exert over their lives. By providing a longer timeframe for reporting, the bill seeks to enhance the chances of prosecuting these offenses effectively.

Sentiment

The sentiment surrounding HB 467 appears to be largely supportive, particularly among law enforcement and victim advocates. Testimonies during discussions highlighted the need for more time for victims to come forward, emphasizing the psychological barriers many face, primarily when the abuser is a close associate. However, opposition arises from some legal perspectives, particularly defense attorneys arguing that the extended statute of limitations could complicate self-defense cases and threaten fair trial rights due to the potential difficulty of gathering evidence over longer periods.

Contention

Notable points of contention include concerns voiced by some legal practitioners regarding the implications of extending these statutes. Critics argue that while the intent to protect victims is commendable, the practical challenges could arise, such as how memories may fade or evidence may degrade over extended time frames. Proponents stress that the priority should be enabling victims to seek justice without the additional pressure of tight reporting deadlines, suggesting that this balance is essential for a functioning and fair legal system.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Penal Code

• Chapter 22. Assaultive Offenses
  • Section: New Section

• Chapter 21. Sexual Offenses
  • Section: New Section
  • Section: 11

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: New Section

• Chapter 25. Offenses Against The Family
  • Section: New Section

Family Code

• Chapter 71. Definitions
  • Section: 0021
  • Section: New Section