Texas 2025 - 89th Regular

Texas Senate Bill SB2798 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R10719 MZM-F
1	2		By: Creighton S.B. No. 2798
2		-	(In the Senate - Filed March 14, 2025; April 3, 2025, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	April 16, 2025, reported favorably by the following vote: Yeas 7,
5		-	Nays 0; April 16, 2025, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to certain statutes of limitations for criminal offenses,
14	10		including the statute of limitations for certain fraud offenses.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Article 12.01, Code of Criminal Procedure, as
17	13		amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
18	14		422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
19	15		709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
20	16		and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
21	17		2023, is reenacted and amended to read as follows:
22	18		Art. 12.01. FELONIES. Except as provided in Articles
23	19		12.015 and 12.03, felony indictments may be presented within these
24	20		limits, and not afterward:
25	21		(1) no limitation:
26	22		(A) murder and manslaughter;
27	23		(B) sexual assault under Section 22.011(a)(2),
28	24		Penal Code, or aggravated sexual assault under Section
29	25		22.021(a)(1)(B), Penal Code;
30	26		(C) sexual assault, if:
31	27		(i) during the investigation of the offense
32	28		biological matter is collected and the matter:
33	29		(a) has not yet been subjected to
34	30		forensic DNA testing; or
35	31		(b) has been subjected to forensic DNA
36	32		testing and the testing results show that the matter does not match
37	33		the victim or any other person whose identity is readily
38	34		ascertained; or
39	35		(ii) probable cause exists to believe that
40	36		the defendant has committed the same or a similar sex offense
41	37		against five or more victims;
42	38		(D) continuous sexual abuse of young child or
43	39		disabled individual under Section 21.02, Penal Code;
44	40		(E) indecency with a child under Section 21.11,
45	41		Penal Code;
46	42		(F) an offense involving leaving the scene of a
47	43		collision under Section 550.021, Transportation Code, if the
48	44		collision resulted in the death of a person;
49	45		(G) trafficking of persons under Section
50	46		20A.02(a)(7) or (8), Penal Code;
51	47		(H) continuous trafficking of persons under
52	48		Section 20A.03, Penal Code;
53	49		(I) compelling prostitution under Section
54	50		43.05(a)(2) or (3), Penal Code; [or]
55	51		(J) tampering with physical evidence under
56	52		Section 37.09(a)(1) or (d)(1), Penal Code, if:
57	53		(i) the evidence tampered with is a human
58	54		corpse, as defined by that section; or
59	55		(ii) the investigation of the offense shows
60	56		that a reasonable person in the position of the defendant at the
61	57		time of the commission of the offense would have cause to believe
62	58		that the evidence tampered with is related to a criminal homicide
63	59		under Chapter 19, Penal Code;
64	60		(K) [(J)] interference with child custody under
65	61		Section 25.03(a)(3), Penal Code; or
66	62		(L) [(J)] burglary under Section 30.02, Penal
67	63		Code, if:
68	64		(i) the offense is punishable under
69	65		Subsection (d) of that section because the defendant entered a
70	66		habitation with the intent to commit an offense under Section
71	67		22.011 or 22.021, Penal Code; and
72	68		(ii) during the investigation of the
73	69		offense biological matter is collected and the matter:
74	70		(a) has not yet been subjected to
75	71		forensic DNA testing; or
76	72		(b) has been subjected to forensic DNA
77	73		testing and the testing results show that the matter does not match
78	74		the victim or any other person whose identity is readily
79	75		ascertained;
80	76		(2) ten years from the date of the commission of the
81	77		offense:
82	78		(A) theft of any estate, real, personal or mixed,
83	79		by an executor, administrator, guardian or trustee, with intent to
84	80		defraud any creditor, heir, legatee, ward, distributee,
85	81		beneficiary or settlor of a trust interested in such estate;
86	82		(B) theft by a public servant of government
87	83		property over which the public servant exercises control in the
88	84		public servant's official capacity;
89	85		(C) forgery or the uttering, using, or passing of
90	86		forged instruments;
91	87		(D) injury to an elderly or disabled individual
92	88		punishable as a felony of the first degree under Section 22.04,
93	89		Penal Code;
94	90		(E) sexual assault, except as provided by
95	91		Subdivision (1) or (9) [(8)];
96	92		(F) arson;
97	93		(G) trafficking of persons under Section
98	94		20A.02(a)(1), (2), (3), or (4), Penal Code; or
99	95		(H) compelling prostitution under Section
100	96		43.05(a)(1), Penal Code;
101	97		(3) seven years from the date of the commission of the
102	98		offense:
103	99		(A) an offense under Chapter 32, Penal Code,
104	100		except as provided by Subdivision (2)(C) [misapplication of
105	101		fiduciary property or property of a financial institution];
106	102		(B) [fraudulent securing of document execution;
107	103		[(C)] a felony violation under Chapter 162, Tax
108	104		Code;
109	105		[(D) false statement to obtain property or credit
110	106		under Section 32.32, Penal Code;]
111	107		(C) [(E)] money laundering;
112	108		[(F) credit card or debit card abuse under
113	109		Section 32.31, Penal Code;
114	110		[(G) fraudulent use or possession of identifying
115	111		information under Section 32.51, Penal Code;
116	112		[(H) exploitation of a child, elderly
117	113		individual, or disabled individual under Section 32.53, Penal
118	114		Code;]
119	115		(D) [(I)] health care fraud under Section
120	116		35A.02, Penal Code;
121	117		(E) [(J)] bigamy under Section 25.01, Penal
122	118		Code, except as provided by Subdivision (7); or
123	119		(F) [(K)] possession or promotion of child
124	120		pornography under Section 43.26, Penal Code;
125	121		(4) five years from the date of the commission of the
126	122		offense:
127	123		(A) theft or robbery;
128	124		(B) except as provided by Subdivision (5),
129	125		kidnapping;
130	126		(C) [(B-1)] except as provided by Subdivision
131	127		(1) or (5), burglary;
132	128		(D) [(C)] injury to an elderly or disabled
133	129		individual that is not punishable as a felony of the first degree
134	130		under Section 22.04, Penal Code;
135	131		(E) [(D)] abandoning or endangering an [a
136	132		child,] elderly [individual,] or disabled individual;
137	133		(F) [(E)] insurance fraud;
138	134		(G) [(F)] assault under Section 22.01, Penal
139	135		Code, if the assault was committed against a person whose
140	136		relationship to or association with the defendant is described by
141	137		Section 71.0021(b), 71.003, or 71.005, Family Code;
142	138		(H) [(G)] continuous violence against the family
143	139		under Section 25.11, Penal Code; or
144	140		(I) [(H)] aggravated assault under Section
145	141		22.02, Penal Code;
146	142		(5) if the investigation of the offense shows that the
147	143		victim is younger than 17 years of age at the time the offense is
148	144		committed, 20 years from the 18th birthday of the victim of one of
149	145		the following offenses:
150	146		(A) kidnapping under Section 20.03, Penal Code,
151	147		or aggravated kidnapping under Section 20.04, Penal Code; or
152	148		(B) subject to Subdivision (1)(L) [(1)(J)],
153	149		burglary under Section 30.02, Penal Code, if the offense is
154	150		punishable under Subsection (d) of that section because the
155	151		defendant entered a habitation with the intent to commit an offense
156	152		described by Subdivision (1)(B) or (D) of this article or Paragraph
157	153		(A) of this subdivision;
158	154		(6) 20 years from the 18th birthday of the victim of
159	155		one of the following offenses:
160	156		(A) trafficking of a child [persons] under
161	157		Section 20A.02(a)(5) or (6), Penal Code; or
162	158		(B) sexual performance by a child under Section
163	159		43.25, Penal Code;
164	160		(7) ten years from the 18th birthday of the victim of
165	161		the offense:
166	162		(A) injury to a child under Section 22.04, Penal
167	163		Code;
168	164		(B) bigamy under Section 25.01, Penal Code, if
169	165		the investigation of the offense shows that the person, other than
170	166		the legal spouse of the defendant, whom the defendant marries or
171	167		purports to marry or with whom the defendant lives under the
172	168		appearance of being married is younger than 18 years of age at the
173	169		time the offense is committed; or
174	170		(C) [(D)] abandoning or endangering a child;
175	171		(8) [(7)] ten years from the date the offense was
176	172		discovered: trafficking of a disabled individual under Section
177	173		20A.02(a)(5) or (6), Penal Code;
178	174		(9) [(8)] two years from the date the offense was
179	175		discovered: sexual assault punishable as a state jail felony under
180	176		Section 22.011(f)(2), Penal Code; or
181	177		(10) [(9)] three years from the date of the commission
182	178		of the offense: all other felonies.
183	179		SECTION 2. The change in law made by this Act does not apply
184	180		to an offense if the prosecution of that offense becomes barred by
185	181		limitation before the effective date of this Act. The prosecution
186	182		of that offense remains barred as if this Act had not taken effect.
187	183		SECTION 3. This Act takes effect September 1, 2025.
188		-	* * * * *