Bill Text: TX HB1437 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the prosecution of and punishment for the offense of failure to stop or report aggravated sexual assault of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - Committee report sent to Calendars [HB1437 Detail]
Download: Texas-2013-HB1437-Introduced.html
83R782 NAJ-D | ||
By: Lucio III | H.B. No. 1437 |
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relating to the prosecution of and punishment for the offense of | ||
failure to stop or report aggravated sexual assault of a child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 38.17(b), Penal Code, is amended to read | ||
as follows: | ||
(b) An offense under this section is a state jail felony | ||
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SECTION 2. Article 12.01, Code of Criminal Procedure, as | ||
amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253), | ||
and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session, | ||
2011, is reenacted and amended to read as follows: | ||
Art. 12.01. FELONIES. Except as provided in Article 12.03, | ||
felony indictments may be presented within these limits, and not | ||
afterward: | ||
(1) no limitation: | ||
(A) murder and manslaughter; | ||
(B) sexual assault under Section 22.011(a)(2), | ||
Penal Code, or aggravated sexual assault under Section | ||
22.021(a)(1)(B), Penal Code; | ||
(C) sexual assault, if during the investigation | ||
of the offense biological matter is collected and subjected to | ||
forensic DNA testing and the testing results show that the matter | ||
does not match the victim or any other person whose identity is | ||
readily ascertained; | ||
(D) continuous sexual abuse of young child or | ||
children under Section 21.02, Penal Code; | ||
(E) indecency with a child under Section 21.11, | ||
Penal Code; | ||
(F) an offense involving leaving the scene of an | ||
accident under Section 550.021, Transportation Code, if the | ||
accident resulted in the death of a person; [ |
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(G) trafficking of persons under Section | ||
20A.02(a)(7) or (8), Penal Code; or | ||
(H) [ |
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under Section 20A.03, Penal Code; | ||
(2) ten years from the date of the commission of the | ||
offense: | ||
(A) theft of any estate, real, personal or mixed, | ||
by an executor, administrator, guardian or trustee, with intent to | ||
defraud any creditor, heir, legatee, ward, distributee, | ||
beneficiary or settlor of a trust interested in such estate; | ||
(B) theft by a public servant of government | ||
property over which he exercises control in his official capacity; | ||
(C) forgery or the uttering, using or passing of | ||
forged instruments; | ||
(D) injury to an elderly or disabled individual | ||
punishable as a felony of the first degree under Section 22.04, | ||
Penal Code; | ||
(E) sexual assault, except as provided by | ||
Subdivision (1); | ||
(F) arson; | ||
(G) trafficking of persons under Section | ||
20A.02(a)(1), (2), (3), or (4), Penal Code; or | ||
(H) compelling prostitution under Section | ||
43.05(a)(1), Penal Code; | ||
(3) seven years from the date of the commission of the | ||
offense: | ||
(A) misapplication of fiduciary property or | ||
property of a financial institution; | ||
(B) securing execution of document by deception; | ||
(C) a felony violation under Chapter 162, Tax | ||
Code; | ||
(D) false statement to obtain property or credit | ||
under Section 32.32, Penal Code; | ||
(E) money laundering; | ||
(F) credit card or debit card abuse under Section | ||
32.31, Penal Code; | ||
(G) fraudulent use or possession of identifying | ||
information under Section 32.51, Penal Code; [ |
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(H) Medicaid fraud under Section 35A.02, Penal | ||
Code; or | ||
(I) [ |
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Code, except as provided by Subdivision (6); | ||
(4) five years from the date of the commission of the | ||
offense: | ||
(A) theft or robbery; | ||
(B) except as provided by Subdivision (5), | ||
kidnapping or burglary; | ||
(C) injury to an elderly or disabled individual | ||
that is not punishable as a felony of the first degree under Section | ||
22.04, Penal Code; | ||
(D) abandoning or endangering a child; or | ||
(E) insurance fraud; | ||
(5) if the investigation of the offense shows that the | ||
victim is younger than 17 years of age at the time the offense is | ||
committed, 20 years from the 18th birthday of the victim of one of | ||
the following offenses: | ||
(A) sexual performance by a child under Section | ||
43.25, Penal Code; | ||
(B) aggravated kidnapping under Section | ||
20.04(a)(4), Penal Code, if the defendant committed the offense | ||
with the intent to violate or abuse the victim sexually; or | ||
(C) burglary under Section 30.02, Penal Code, if | ||
the offense is punishable under Subsection (d) of that section and | ||
the defendant committed the offense with the intent to commit an | ||
offense described by Subdivision (1)(B) or (D) of this article or | ||
Paragraph (B) of this subdivision; | ||
(6) ten years from the 18th birthday of the victim of | ||
the offense: | ||
(A) trafficking of persons under Section | ||
20A.02(a)(5) or (6), Penal Code; | ||
(B) injury to a child under Section 22.04, Penal | ||
Code; [ |
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(C) compelling prostitution under Section | ||
43.05(a)(2), Penal Code; [ |
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(D) [ |
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Code, if the investigation of the offense shows that the person, | ||
other than the legal spouse of the defendant, whom the defendant | ||
marries or purports to marry or with whom the defendant lives under | ||
the appearance of being married is younger than 18 years of age at | ||
the time the offense is committed; or | ||
(E) failure to stop or report aggravated sexual | ||
assault of a child under Section 38.17, Penal Code; or | ||
(7) three years from the date of the commission of the | ||
offense: all other felonies. | ||
SECTION 3. (a) The change in law made by this Act in | ||
amending Section 38.17, Penal Code, applies only to an offense | ||
committed on or after the effective date of this Act. An offense | ||
committed before the effective date of this Act is governed by the | ||
law in effect on the date the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
(b) The change in law made by this Act in amending Article | ||
12.01, Code of Criminal Procedure, does not apply to an offense if | ||
the prosecution of that offense becomes barred by limitation before | ||
the effective date of this Act. The prosecution of that offense | ||
remains barred as if this Act had not taken effect. | ||
SECTION 4. This Act takes effect September 1, 2013. |