Texas 2025 - 89th Regular

Texas Senate Bill SB615 Compare Versions

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

Old	New	Differences
1	1	89R1728 EAS-D
2	2	By: Hinojosa of Hidalgo S.B. No. 615
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the statute of limitations for sexual assault and
10	10	aggravated sexual assault.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 12.01, Code of Criminal Procedure, as
13	13	amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
14	14	422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
15	15	709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
16	16	and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
17	17	2023, is reenacted and amended to read as follows:
18	18	Art. 12.01. FELONIES. Except as provided in Articles
19	19	12.015 and 12.03, felony indictments may be presented within these
20	20	limits, and not afterward:
21	21	(1) no limitation:
22	22	(A) murder and manslaughter;
23	23	(B) sexual assault under Section 22.011
24	24	[22.011(a)(2)], Penal Code, or aggravated sexual assault under
25	25	Section 22.021 [22.021(a)(1)(B)], Penal Code;
26	26	(C) [sexual assault, if:
27	27	[(i) during the investigation of the
28	28	offense biological matter is collected and the matter:
29	29	[(a) has not yet been subjected to
30	30	forensic DNA testing; or
31	31	[(b) has been subjected to forensic
32	32	DNA testing and the testing results show that the matter does not
33	33	match the victim or any other person whose identity is readily
34	34	ascertained; or
35	35	[(ii) probable cause exists to believe that
36	36	the defendant has committed the same or a similar sex offense
37	37	against five or more victims;
38	38	[(D)] continuous sexual abuse of young child or
39	39	disabled individual under Section 21.02, Penal Code;
40	40	(D) [(E)] indecency with a child under Section
41	41	21.11, Penal Code;
42	42	(E) [(F)] an offense involving leaving the scene
43	43	of a collision under Section 550.021, Transportation Code, if the
44	44	collision resulted in the death of a person;
45	45	(F) [(G)] trafficking of persons under Section
46	46	20A.02(a)(7) or (8), Penal Code;
47	47	(G) [(H)] continuous trafficking of persons
48	48	under Section 20A.03, Penal Code;
49	49	(H) [(I)] compelling prostitution under Section
50	50	43.05(a)(2) or (3), Penal Code; [or]
51	51	(I) [(J)] tampering with physical evidence under
52	52	Section 37.09(a)(1) or (d)(1), Penal Code, if:
53	53	(i) the evidence tampered with is a human
54	54	corpse, as defined by that section; or
55	55	(ii) the investigation of the offense shows
56	56	that a reasonable person in the position of the defendant at the
57	57	time of the commission of the offense would have cause to believe
58	58	that the evidence tampered with is related to a criminal homicide
59	59	under Chapter 19, Penal Code;
60	60	(J) interference with child custody under
61	61	Section 25.03(a)(3), Penal Code; or
62	62	(K) [(J)] burglary under Section 30.02, Penal
63	63	Code, if:
64	64	(i) the offense is punishable under
65	65	Subsection (d) of that section because the defendant entered a
66	66	habitation with the intent to commit an offense under Section
67	67	22.011 or 22.021, Penal Code; and
68	68	(ii) during the investigation of the
69	69	offense biological matter is collected and the matter:
70	70	(a) has not yet been subjected to
71	71	forensic DNA testing; or
72	72	(b) has been subjected to forensic DNA
73	73	testing and the testing results show that the matter does not match
74	74	the victim or any other person whose identity is readily
75	75	ascertained;
76	76	(2) ten years from the date of the commission of the
77	77	offense:
78	78	(A) theft of any estate, real, personal or mixed,
79	79	by an executor, administrator, guardian or trustee, with intent to
80	80	defraud any creditor, heir, legatee, ward, distributee,
81	81	beneficiary or settlor of a trust interested in such estate;
82	82	(B) theft by a public servant of government
83	83	property over which the public servant exercises control in the
84	84	public servant's official capacity;
85	85	(C) forgery or the uttering, using, or passing of
86	86	forged instruments;
87	87	(D) injury to an elderly or disabled individual
88	88	punishable as a felony of the first degree under Section 22.04,
89	89	Penal Code;
90	90	(E) [sexual assault, except as provided by
91	91	Subdivision (1) or (8);
92	92	[(F)] arson;
93	93	(F) [(G)] trafficking of persons under Section
94	94	20A.02(a)(1), (2), (3), or (4), Penal Code; or
95	95	(G) [(H)] compelling prostitution under Section
96	96	43.05(a)(1), Penal Code;
97	97	(3) seven years from the date of the commission of the
98	98	offense:
99	99	(A) misapplication of fiduciary property or
100	100	property of a financial institution;
101	101	(B) fraudulent securing of document execution;
102	102	(C) a felony violation under Chapter 162, Tax
103	103	Code;
104	104	(D) false statement to obtain property or credit
105	105	under Section 32.32, Penal Code;
106	106	(E) money laundering;
107	107	(F) credit card or debit card abuse under Section
108	108	32.31, Penal Code;
109	109	(G) fraudulent use or possession of identifying
110	110	information under Section 32.51, Penal Code;
111	111	(H) exploitation of a child, elderly individual,
112	112	or disabled individual under Section 32.53, Penal Code;
113	113	(I) health care fraud under Section 35A.02, Penal
114	114	Code;
115	115	(J) bigamy under Section 25.01, Penal Code,
116	116	except as provided by Subdivision (7); or
117	117	(K) possession or promotion of child pornography
118	118	under Section 43.26, Penal Code;
119	119	(4) five years from the date of the commission of the
120	120	offense:
121	121	(A) theft or robbery;
122	122	(B) except as provided by Subdivision (5),
123	123	kidnapping;
124	124	(C) [(B-1)] except as provided by Subdivision
125	125	(1) or (5), burglary;
126	126	(D) [(C)] injury to an elderly or disabled
127	127	individual that is not punishable as a felony of the first degree
128	128	under Section 22.04, Penal Code;
129	129	(E) [(D)] abandoning or endangering an [a
130	130	child,] elderly [individual,] or disabled individual;
131	131	(F) [(E)] insurance fraud;
132	132	(G) [(F)] assault under Section 22.01, Penal
133	133	Code, if the assault was committed against a person whose
134	134	relationship to or association with the defendant is described by
135	135	Section 71.0021(b), 71.003, or 71.005, Family Code;
136	136	(H) [(G)] continuous violence against the family
137	137	under Section 25.11, Penal Code; or
138	138	(I) [(H)] aggravated assault under Section
139	139	22.02, Penal Code;
140	140	(5) if the investigation of the offense shows that the
141	141	victim is younger than 17 years of age at the time the offense is
142	142	committed, 20 years from the 18th birthday of the victim of one of
143	143	the following offenses:
144	144	(A) kidnapping under Section 20.03, Penal Code,
145	145	or aggravated kidnapping under Section 20.04, Penal Code; or
146	146	(B) subject to Subdivision (1)(K) [(1)(J)],
147	147	burglary under Section 30.02, Penal Code, if the offense is
148	148	punishable under Subsection (d) of that section because the
149	149	defendant entered a habitation with the intent to commit an offense
150	150	described by Subdivision (1)(B) or (C) [(D)] of this article or
151	151	Paragraph (A) of this subdivision;
152	152	(6) 20 years from the 18th birthday of the victim of
153	153	one of the following offenses:
154	154	(A) trafficking of a child [persons] under
155	155	Section 20A.02(a)(5) or (6), Penal Code; or
156	156	(B) sexual performance by a child under Section
157	157	43.25, Penal Code;
158	158	(7) ten years from the 18th birthday of the victim of
159	159	the offense:
160	160	(A) injury to a child under Section 22.04, Penal
161	161	Code;
162	162	(B) bigamy under Section 25.01, Penal Code, if
163	163	the investigation of the offense shows that the person, other than
164	164	the legal spouse of the defendant, whom the defendant marries or
165	165	purports to marry or with whom the defendant lives under the
166	166	appearance of being married is younger than 18 years of age at the
167	167	time the offense is committed; or
168	168	(C) [(D)] abandoning or endangering a child;
169	169	(8) [(7)] ten years from the date the offense was
170	170	discovered: trafficking of a disabled individual under Section
171	171	20A.02(a)(5) or (6), Penal Code;
172	172	[(8) two years from the date the offense was
173	173	discovered: sexual assault punishable as a state jail felony under
174	174	Section 22.011(f)(2), Penal Code;] or
175	175	(9) three years from the date of the commission of the
176	176	offense: all other felonies.
177	177	SECTION 2. The change in law made by this Act does not apply
178	178	to an offense if the prosecution of that offense becomes barred by
179	179	limitation before the effective date of this Act. The prosecution
180	180	of that offense remains barred as if this Act had not taken effect.
181	181	SECTION 3. This Act takes effect September 1, 2025.