Bill Text: TX HB189 | 2015-2016 | 84th Legislature | Enrolled

---

Bill Title: Relating to the statute of limitations for a suit for personal injury arising from certain offenses constituting sexual abuse of a child or for certain sexual assault offenses.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB189 Detail]

Download: Texas-2015-HB189-Enrolled.html

---

H.B. No. 189

AN ACT
relating to the statute of limitations for a suit for personal
injury arising from certain offenses constituting sexual abuse of a
child or for certain sexual assault offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.0045, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 16.0045. [FIVE-YEAR] LIMITATIONS PERIOD FOR CLAIMS
ARISING FROM CERTAIN OFFENSES. (a) A person must bring suit for
personal injury not later than 15 [five] years after the day the
cause of action accrues if the injury arises as a result of conduct
that violates:
(1) Section 22.011(a)(2) [22.011], Penal Code (sexual
assault of a child);
(2) Section 22.021(a)(1)(B) [22.021], Penal Code
(aggravated sexual assault of a child);
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or children);
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
Section 20A.02(a)(8), Penal Code, involving an activity described
by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
with a child trafficked in the manner described by Section
20A.02(a)(7) [20A.02], Penal Code (certain sexual trafficking of a
child [persons]); [or]
(5) Section 43.05(a)(2) [43.05], Penal Code
(compelling prostitution by a child); or
(6) Section 21.11, Penal Code (indecency with a
child).
(b) A person must bring suit for personal injury not later
than five years after the day the cause of action accrues if the
injury arises as a result of conduct that violates:
(1) Section 22.011(a)(1), Penal Code (sexual
assault);
(2) Section 22.021(a)(1)(A), Penal Code (aggravated
sexual assault);
(3) Section 20A.02, Penal Code (trafficking of
persons), other than conduct described by Subsection (a)(4); or
(4) Section 43.05(a)(1), Penal Code (compelling
prostitution).
(c) In an action for injury resulting in death arising as a
result of conduct described by Subsection (a) or (b), the cause of
action accrues on the death of the injured person.
(d) A [(c) The] limitations period under this section is
tolled for a suit on the filing of a petition by any person in an
appropriate court alleging that the identity of the defendant in
the suit is unknown and designating the unknown defendant as "John
or Jane Doe." The person filing the petition shall proceed with due
diligence to discover the identity of the defendant and amend the
petition by substituting the real name of the defendant for "John or
Jane Doe" not later than the 30th day after the date that the
defendant is identified to the plaintiff. The limitations period
begins running again on the date that the petition is amended.
SECTION 2. Article 12.01, Code of Criminal Procedure, is
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:
(i) 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; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sexual offense
against five or more victims;
(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;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code; or
(H) continuous trafficking of persons 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;
(H) Medicaid fraud under Section 35A.02, Penal
Code; or
(I) bigamy under Section 25.01, Penal 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;
(C) compelling prostitution under Section
43.05(a)(2), Penal Code; or
(D) bigamy under Section 25.01, Penal 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
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 3. Section 16.0045, Civil Practice and Remedies
Code, as amended by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law applicable to the cause of action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. Article 12.01, Code of Criminal Procedure, as
amended by this Act, 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 5. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 189 was passed by the House on May 1,
2015, by the following vote: Yeas 133, Nays 4, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 189 on May 26, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 189 on May 30, 2015, by the following vote: Yeas 140,
Nays 5, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 189 was passed by the Senate, with
amendments, on May 24, 2015, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
189 on May 30, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor