Texas 2025 - 89th Regular

Texas House Bill HB2333 Compare Versions

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

Old	New	Differences
1	1	89R3655 TSS-D
2	2	By: Hopper H.B. No. 2333
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain statutes of limitations for criminal offenses,
10	10	including the statutes of limitations for felony offenses relating
11	11	to an election conducted in this state.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 12.01, Code of Criminal Procedure, as
14	14	amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
15	15	422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
16	16	709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
17	17	and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
18	18	2023, is reenacted and amended to read as follows:
19	19	Art. 12.01. FELONIES. Except as provided in Articles
20	20	12.015 and 12.03, felony indictments may be presented within these
21	21	limits, and not afterward:
22	22	(1) no limitation:
23	23	(A) murder and manslaughter;
24	24	(B) sexual assault under Section 22.011(a)(2),
25	25	Penal Code, or aggravated sexual assault under Section
26	26	22.021(a)(1)(B), Penal Code;
27	27	(C) sexual assault, if:
28	28	(i) during the investigation of the offense
29	29	biological matter is collected and the matter:
30	30	(a) has not yet been subjected to
31	31	forensic DNA testing; or
32	32	(b) has been subjected to forensic DNA
33	33	testing and the testing results show that the matter does not match
34	34	the victim or any other person whose identity is readily
35	35	ascertained; or
36	36	(ii) probable cause exists to believe that
37	37	the defendant has committed the same or a similar sex offense
38	38	against five or more victims;
39	39	(D) continuous sexual abuse of young child or
40	40	disabled individual under Section 21.02, Penal Code;
41	41	(E) indecency with a child under Section 21.11,
42	42	Penal Code;
43	43	(F) an offense involving leaving the scene of a
44	44	collision under Section 550.021, Transportation Code, if the
45	45	collision resulted in the death of a person;
46	46	(G) trafficking of persons under Section
47	47	20A.02(a)(7) or (8), Penal Code;
48	48	(H) continuous trafficking of persons under
49	49	Section 20A.03, Penal Code;
50	50	(I) compelling prostitution under Section
51	51	43.05(a)(2) or (3), Penal Code; [or]
52	52	(J) tampering with physical evidence under
53	53	Section 37.09(a)(1) or (d)(1), Penal Code, if:
54	54	(i) the evidence tampered with is a human
55	55	corpse, as defined by that section; or
56	56	(ii) the investigation of the offense shows
57	57	that a reasonable person in the position of the defendant at the
58	58	time of the commission of the offense would have cause to believe
59	59	that the evidence tampered with is related to a criminal homicide
60	60	under Chapter 19, Penal Code;
61	61	(K) [(J)] interference with child custody under
62	62	Section 25.03(a)(3), Penal Code; or
63	63	(L) [(J)] burglary under Section 30.02, Penal
64	64	Code, if:
65	65	(i) the offense is punishable under
66	66	Subsection (d) of that section because the defendant entered a
67	67	habitation with the intent to commit an offense under Section
68	68	22.011 or 22.021, Penal Code; and
69	69	(ii) during the investigation of the
70	70	offense biological matter is collected and the matter:
71	71	(a) has not yet been subjected to
72	72	forensic DNA testing; or
73	73	(b) has been subjected to forensic DNA
74	74	testing and the testing results show that the matter does not match
75	75	the victim or any other person whose identity is readily
76	76	ascertained;
77	77	(2) ten years from the date of the commission of the
78	78	offense:
79	79	(A) theft of any estate, real, personal or mixed,
80	80	by an executor, administrator, guardian or trustee, with intent to
81	81	defraud any creditor, heir, legatee, ward, distributee,
82	82	beneficiary or settlor of a trust interested in such estate;
83	83	(B) theft by a public servant of government
84	84	property over which the public servant exercises control in the
85	85	public servant's official capacity;
86	86	(C) forgery or the uttering, using, or passing of
87	87	forged instruments;
88	88	(D) injury to an elderly or disabled individual
89	89	punishable as a felony of the first degree under Section 22.04,
90	90	Penal Code;
91	91	(E) sexual assault, except as provided by
92	92	Subdivision (1) or (9) [(8)];
93	93	(F) arson;
94	94	(G) trafficking of persons under Section
95	95	20A.02(a)(1), (2), (3), or (4), Penal Code; or
96	96	(H) compelling prostitution under Section
97	97	43.05(a)(1), Penal Code;
98	98	(3) seven years from the date of the commission of the
99	99	offense:
100	100	(A) misapplication of fiduciary property or
101	101	property of a financial institution;
102	102	(B) fraudulent securing of document execution;
103	103	(C) a felony violation under Chapter 162, Tax
104	104	Code;
105	105	(D) false statement to obtain property or credit
106	106	under Section 32.32, Penal Code;
107	107	(E) money laundering;
108	108	(F) credit card or debit card abuse under Section
109	109	32.31, Penal Code;
110	110	(G) fraudulent use or possession of identifying
111	111	information under Section 32.51, Penal Code;
112	112	(H) exploitation of a child, elderly individual,
113	113	or disabled individual under Section 32.53, Penal Code;
114	114	(I) health care fraud under Section 35A.02, Penal
115	115	Code;
116	116	(J) bigamy under Section 25.01, Penal Code,
117	117	except as provided by Subdivision (7); or
118	118	(K) possession or promotion of child pornography
119	119	under Section 43.26, Penal Code;
120	120	(4) five years from the date of the commission of the
121	121	offense:
122	122	(A) theft or robbery;
123	123	(B) except as provided by Subdivision (5),
124	124	kidnapping;
125	125	(C) [(B-1)] except as provided by Subdivision
126	126	(1) or (5), burglary;
127	127	(D) [(C)] injury to an elderly or disabled
128	128	individual that is not punishable as a felony of the first degree
129	129	under Section 22.04, Penal Code;
130	130	(E) [(D)] abandoning or endangering an [a
131	131	child,] elderly [individual,] or disabled individual;
132	132	(F) [(E)] insurance fraud;
133	133	(G) [(F)] assault under Section 22.01, Penal
134	134	Code, if the assault was committed against a person whose
135	135	relationship to or association with the defendant is described by
136	136	Section 71.0021(b), 71.003, or 71.005, Family Code;
137	137	(H) [(G)] continuous violence against the family
138	138	under Section 25.11, Penal Code; [or]
139	139	(I) [(H)] aggravated assault under Section
140	140	22.02, Penal Code; or
141	141	(J) a felony offense under the Election Code or
142	142	otherwise related to an election conducted in this state;
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) sexual performance by a child under Section
160	160	43.25, Penal Code;
161	161	(7) ten years from the 18th birthday of the victim of
162	162	the offense:
163	163	(A) injury to a child under Section 22.04, Penal
164	164	Code;
165	165	(B) bigamy under Section 25.01, Penal Code, if
166	166	the investigation of the offense shows that the person, other than
167	167	the legal spouse of the defendant, whom the defendant marries or
168	168	purports to marry or with whom the defendant lives under the
169	169	appearance of being married is younger than 18 years of age at the
170	170	time the offense is committed; or
171	171	(C) [(D)] abandoning or endangering a child;
172	172	(8) [(7)] ten years from the date the offense was
173	173	discovered: trafficking of a disabled individual under Section
174	174	20A.02(a)(5) or (6), Penal Code;
175	175	(9) [(8)] two years from the date the offense was
176	176	discovered: sexual assault punishable as a state jail felony under
177	177	Section 22.011(f)(2), Penal Code; or
178	178	(10) [(9)] three years from the date of the commission
179	179	of the offense: all other felonies.
180	180	SECTION 2. The change in law made by this Act does not apply
181	181	to an offense if the prosecution of that offense becomes barred by
182	182	limitation before the effective date of this Act. The prosecution
183	183	of that offense remains barred as if this Act had not taken effect.
184	184	SECTION 3. This Act takes effect September 1, 2025.