Texas 2025 - 89th Regular

Texas House Bill HB1891 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1237 JRR-D
2	2	By: Cook H.B. No. 1891
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the offense of invasive visual recording of a minor,
10	10	including the statute of limitations for that offense and the
11	11	applicability of sex offender registration requirements to that
12	12	offense; harmonizing other statute of limitations provisions;
13	13	increasing criminal penalties for certain sexual offenses.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Article 12.01, Code of Criminal Procedure, as
16	16	amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
17	17	422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
18	18	709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
19	19	and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
20	20	2023, is reenacted and amended to read as follows:
21	21	Art. 12.01. FELONIES. Except as provided in Articles
22	22	12.015 and 12.03, felony indictments may be presented within these
23	23	limits, and not afterward:
24	24	(1) no limitation:
25	25	(A) murder and manslaughter;
26	26	(B) sexual assault under Section 22.011(a)(2),
27	27	Penal Code, or aggravated sexual assault under Section
28	28	22.021(a)(1)(B), Penal Code;
29	29	(C) sexual assault, if:
30	30	(i) during the investigation of the offense
31	31	biological matter is collected and the matter:
32	32	(a) has not yet been subjected to
33	33	forensic DNA testing; or
34	34	(b) has been subjected to forensic DNA
35	35	testing and the testing results show that the matter does not match
36	36	the victim or any other person whose identity is readily
37	37	ascertained; or
38	38	(ii) probable cause exists to believe that
39	39	the defendant has committed the same or a similar sex offense
40	40	against five or more victims;
41	41	(D) continuous sexual abuse of young child or
42	42	disabled individual under Section 21.02, Penal Code;
43	43	(E) indecency with a child under Section 21.11,
44	44	Penal Code;
45	45	(F) an offense involving leaving the scene of a
46	46	collision under Section 550.021, Transportation Code, if the
47	47	collision resulted in the death of a person;
48	48	(G) trafficking of persons under Section
49	49	20A.02(a)(7) or (8), Penal Code;
50	50	(H) continuous trafficking of persons under
51	51	Section 20A.03, Penal Code;
52	52	(I) compelling prostitution under Section
53	53	43.05(a)(2) or (3), Penal Code; [or]
54	54	(J) tampering with physical evidence under
55	55	Section 37.09(a)(1) or (d)(1), Penal Code, if:
56	56	(i) the evidence tampered with is a human
57	57	corpse, as defined by that section; or
58	58	(ii) the investigation of the offense shows
59	59	that a reasonable person in the position of the defendant at the
60	60	time of the commission of the offense would have cause to believe
61	61	that the evidence tampered with is related to a criminal homicide
62	62	under Chapter 19, Penal Code;
63	63	(K) [(J)] interference with child custody under
64	64	Section 25.03(a)(3), Penal Code; or
65	65	(L) [(J)] burglary under Section 30.02, Penal
66	66	Code, if:
67	67	(i) the offense is punishable under
68	68	Subsection (d) of that section because the defendant entered a
69	69	habitation with the intent to commit an offense under Section
70	70	22.011 or 22.021, Penal Code; and
71	71	(ii) during the investigation of the
72	72	offense biological matter is collected and the matter:
73	73	(a) has not yet been subjected to
74	74	forensic DNA testing; or
75	75	(b) has been subjected to forensic DNA
76	76	testing and the testing results show that the matter does not match
77	77	the victim or any other person whose identity is readily
78	78	ascertained;
79	79	(2) ten years from the date of the commission of the
80	80	offense:
81	81	(A) theft of any estate, real, personal or mixed,
82	82	by an executor, administrator, guardian or trustee, with intent to
83	83	defraud any creditor, heir, legatee, ward, distributee,
84	84	beneficiary or settlor of a trust interested in such estate;
85	85	(B) theft by a public servant of government
86	86	property over which the public servant exercises control in the
87	87	public servant's official capacity;
88	88	(C) forgery or the uttering, using, or passing of
89	89	forged instruments;
90	90	(D) injury to an elderly or disabled individual
91	91	punishable as a felony of the first degree under Section 22.04,
92	92	Penal Code;
93	93	(E) sexual assault, except as provided by
94	94	Subdivision (1) or (9) [(8)];
95	95	(F) arson;
96	96	(G) trafficking of persons under Section
97	97	20A.02(a)(1), (2), (3), or (4), Penal Code; or
98	98	(H) compelling prostitution under Section
99	99	43.05(a)(1), Penal Code;
100	100	(3) seven years from the date of the commission of the
101	101	offense:
102	102	(A) misapplication of fiduciary property or
103	103	property of a financial institution;
104	104	(B) fraudulent securing of document execution;
105	105	(C) a felony violation under Chapter 162, Tax
106	106	Code;
107	107	(D) false statement to obtain property or credit
108	108	under Section 32.32, Penal Code;
109	109	(E) money laundering;
110	110	(F) credit card or debit card abuse under Section
111	111	32.31, Penal Code;
112	112	(G) fraudulent use or possession of identifying
113	113	information under Section 32.51, Penal Code;
114	114	(H) exploitation of a child, elderly individual,
115	115	or disabled individual under Section 32.53, Penal Code;
116	116	(I) health care fraud under Section 35A.02, Penal
117	117	Code;
118	118	(J) bigamy under Section 25.01, Penal Code,
119	119	except as provided by Subdivision (7); or
120	120	(K) possession or promotion of child pornography
121	121	under Section 43.26, Penal Code;
122	122	(4) five years from the date of the commission of the
123	123	offense:
124	124	(A) theft or robbery;
125	125	(B) except as provided by Subdivision (5),
126	126	kidnapping;
127	127	(C) [(B-1)] except as provided by Subdivision
128	128	(1) or (5), burglary;
129	129	(D) [(C)] injury to an elderly or disabled
130	130	individual that is not punishable as a felony of the first degree
131	131	under Section 22.04, Penal Code;
132	132	(E) [(D)] abandoning or endangering an [a
133	133	child,] elderly [individual,] or disabled individual;
134	134	(F) [(E)] insurance fraud;
135	135	(G) [(F)] assault under Section 22.01, Penal
136	136	Code, if the assault was committed against a person whose
137	137	relationship to or association with the defendant is described by
138	138	Section 71.0021(b), 71.003, or 71.005, Family Code;
139	139	(H) [(G)] continuous violence against the family
140	140	under Section 25.11, Penal Code; or
141	141	(I) [(H)] aggravated assault under Section
142	142	22.02, Penal Code;
143	143	(5) if the investigation of the offense shows that the
144	144	victim is younger than 17 years of age at the time the offense is
145	145	committed, 20 years from the 18th birthday of the victim of one of
146	146	the following offenses:
147	147	(A) kidnapping under Section 20.03, Penal Code,
148	148	or aggravated kidnapping under Section 20.04, Penal Code; or
149	149	(B) subject to Subdivision (1)(L) [(1)(J)],
150	150	burglary under Section 30.02, Penal Code, if the offense is
151	151	punishable under Subsection (d) of that section because the
152	152	defendant entered a habitation with the intent to commit an offense
153	153	described by Subdivision (1)(B) or (D) of this article or Paragraph
154	154	(A) of this subdivision;
155	155	(6) 20 years from the 18th birthday of the victim of
156	156	one of the following offenses:
157	157	(A) trafficking of a child [persons] under
158	158	Section 20A.02(a)(5) or (6), Penal Code; [or]
159	159	(B) invasive visual recording under Section
160	160	21.15, Penal Code; or
161	161	(C) sexual performance by a child under Section
162	162	43.25, Penal Code;
163	163	(7) ten years from the 18th birthday of the victim of
164	164	the offense:
165	165	(A) injury to a child under Section 22.04, Penal
166	166	Code;
167	167	(B) bigamy under Section 25.01, Penal Code, if
168	168	the investigation of the offense shows that the person, other than
169	169	the legal spouse of the defendant, whom the defendant marries or
170	170	purports to marry or with whom the defendant lives under the
171	171	appearance of being married is younger than 18 years of age at the
172	172	time the offense is committed; or
173	173	(C) [(D)] abandoning or endangering a child;
174	174	(8) [(7)] ten years from the date the offense was
175	175	discovered: trafficking of a disabled individual under Section
176	176	20A.02(a)(5) or (6), Penal Code;
177	177	(9) [(8)] two years from the date the offense was
178	178	discovered: sexual assault punishable as a state jail felony under
179	179	Section 22.011(f)(2), Penal Code; or
180	180	(10) [(9)] three years from the date of the commission
181	181	of the offense: all other felonies.
182	182	SECTION 2. Article 62.001(5), Code of Criminal Procedure,
183	183	is amended to read as follows:
184	184	(5) "Reportable conviction or adjudication" means a
185	185	conviction or adjudication, including an adjudication of
186	186	delinquent conduct or a deferred adjudication, that, regardless of
187	187	the pendency of an appeal, is a conviction for or an adjudication
188	188	for or based on:
189	189	(A) a violation of Section 21.02 (Continuous
190	190	sexual abuse of young child or disabled individual), 21.09
191	191	(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
192	192	assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
193	193	sexual conduct), Penal Code;
194	194	(B) a violation of Section 43.04 (Aggravated
195	195	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
196	196	(Sexual performance by a child), or 43.26 (Possession or promotion
197	197	of child pornography), Penal Code;
198	198	(B-1) a violation of Section 43.021
199	199	(Solicitation of Prostitution), Penal Code, if the offense is
200	200	punishable as a felony of the second degree;
201	201	(C) a violation of Section 20.04(a)(4)
202	202	(Aggravated kidnapping), Penal Code, if the actor committed the
203	203	offense or engaged in the conduct with intent to violate or abuse
204	204	the victim sexually;
205	205	(D) a violation of Section 30.02 (Burglary),
206	206	Penal Code, if the offense or conduct is punishable under
207	207	Subsection (d) of that section and the actor committed the offense
208	208	or engaged in the conduct with intent to commit a felony listed in
209	209	Paragraph (A) or (C);
210	210	(E) a violation of Section 20.02 (Unlawful
211	211	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
212	212	Penal Code, if, as applicable:
213	213	(i) the judgment in the case contains an
214	214	affirmative finding under Article 42.015; or
215	215	(ii) the order in the hearing or the papers
216	216	in the case contain an affirmative finding that the victim or
217	217	intended victim was younger than 17 years of age;
218	218	(F) the second violation of Section 21.08
219	219	(Indecent exposure), Penal Code, but not if the second violation
220	220	results in a deferred adjudication;
221	221	(G) an attempt, conspiracy, or solicitation, as
222	222	defined by Chapter 15, Penal Code, to commit an offense or engage in
223	223	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), [or] (L),
224	224	or (M);
225	225	(H) a violation of the laws of another state,
226	226	federal law, the laws of a foreign country, or the Uniform Code of
227	227	Military Justice for or based on the violation of an offense
228	228	containing elements that are substantially similar to the elements
229	229	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
230	230	(G), (J), (K), [or] (L), or (M), but not if the violation results in
231	231	a deferred adjudication;
232	232	(I) the second violation of the laws of another
233	233	state, federal law, the laws of a foreign country, or the Uniform
234	234	Code of Military Justice for or based on the violation of an offense
235	235	containing elements that are substantially similar to the elements
236	236	of the offense of indecent exposure, but not if the second violation
237	237	results in a deferred adjudication;
238	238	(J) a violation of Section 33.021 (Online
239	239	solicitation of a minor), Penal Code;
240	240	(K) a violation of Section 20A.02(a)(3), (4),
241	241	(7), or (8) (Trafficking of persons), Penal Code; [or]
242	242	(L) a violation of Section 20A.03 (Continuous
243	243	trafficking of persons), Penal Code, if the offense is based partly
244	244	or wholly on conduct that constitutes an offense under Section
245	245	20A.02(a)(3), (4), (7), or (8) of that code; or
246	246	(M) a violation of Section 21.15 (Invasive visual
247	247	recording), Penal Code, if the offense or conduct is punishable
248	248	under Subsection (c-1) of that section.
249	249	SECTION 3. Sections 12.502(b) and (c), Penal Code, are
250	250	amended to read as follows:
251	251	(b) Except as provided by Subsection (c), if it is shown on
252	252	the trial of an offense under Section 21.07, 21.08, 21.15, or 21.17
253	253	that the offense was committed in a location that was on the
254	254	premises of a postsecondary educational institution, the category
255	255	of punishment for the offense is increased to a higher category of
256	256	offense as follows:
257	257	(1) a Class C misdemeanor is increased to a Class B
258	258	misdemeanor;
259	259	(2) a Class B misdemeanor is increased to a Class A
260	260	misdemeanor;
261	261	(3) a Class A misdemeanor is increased to a state jail
262	262	felony; [and]
263	263	(4) a state jail felony is increased to a felony of the
264	264	third degree; and
265	265	(5) a felony of the third degree is increased to a
266	266	felony of the second degree.
267	267	(c) For an offense otherwise punishable under Subsection
268	268	(b), if it is shown on the trial of the offense that the person has
269	269	been previously convicted twice of an offense under Section 21.07,
270	270	21.08, 21.15, or 21.17 for which the punishment was increased under
271	271	Subsection (b), the category of punishment for the offense is
272	272	increased to a higher category of offense as follows:
273	273	(1) a Class C misdemeanor is increased to a Class A
274	274	misdemeanor;
275	275	(2) a Class B misdemeanor is increased to a state jail
276	276	felony;
277	277	(3) a Class A misdemeanor is increased to a felony of
278	278	the third degree; [and]
279	279	(4) a state jail felony is increased to a felony of the
280	280	second degree; and
281	281	(5) a felony of the third degree is increased to a
282	282	felony of the first degree.
283	283	SECTION 4. Section 21.15, Penal Code, is amended by
284	284	amending Subsection (c) and adding Subsection (c-1) to read as
285	285	follows:
286	286	(c) Except as provided by Subsection (c-1), an [An] offense
287	287	under this section is a state jail felony.
288	288	(c-1) An offense under this section is a felony of the third
289	289	degree if the victim of the offense was younger than 18 years of age
290	290	at the time the offense was committed.
291	291	SECTION 5. (a) The change in law made by this Act to Article
292	292	12.01, Code of Criminal Procedure, does not apply to an offense if
293	293	the prosecution of that offense becomes barred by limitation before
294	294	the effective date of this Act. The prosecution of that offense
295	295	remains barred as if this Act had not taken effect.
296	296	(b) The changes in law made by this Act to Article
297	297	62.001(5), Code of Criminal Procedure, and Sections 12.502 and
298	298	21.15, Penal Code, apply only to an offense committed on or after
299	299	the effective date of this Act. An offense committed before the
300	300	effective date of this Act is governed by the law in effect on the
301	301	date the offense was committed, and the former law is continued in
302	302	effect for that purpose. For purposes of this subsection, an
303	303	offense was committed before the effective date of this Act if any
304	304	element of the offense occurred before that date.
305	305	SECTION 6. This Act takes effect September 1, 2025.