Bill Text: TX HB369 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the statute of limitations for aggravated assaults involving communicable diseases.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-04-12 - Left pending in committee [HB369 Detail]
Download: Texas-2021-HB369-Introduced.html
| 87R2453 AJZ-D | ||
| By: Craddick | H.B. No. 369 | |
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| relating to the statute of limitations for aggravated assaults | ||
| involving communicable diseases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 the matter: | ||
| (a) has not yet been subjected to | ||
| forensic DNA testing; or | ||
| (b) has been 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 sex 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; | ||
| (H) continuous trafficking of persons under | ||
| Section 20A.03, Penal Code; or | ||
| (I) compelling prostitution under Section | ||
| 43.05(a)(2), 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 the public servant exercises control in the | ||
| public servant's 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) or (7); | ||
| (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) exploitation of a child, elderly individual, | ||
| or disabled individual under Section 32.53, Penal Code; | ||
| (I) health care fraud under Section 35A.02, Penal | ||
| Code; or | ||
| (J) 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; [ |
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| (E) insurance fraud; or | ||
| (F) aggravated assault, if: | ||
| (i) the defendant was afflicted with a | ||
| communicable disease and, during the commission of the offense, | ||
| used a deadly weapon that consisted of the defendant's body part or | ||
| bodily fluids and was capable of transmitting the disease; or | ||
| (ii) the victim suffered a serious bodily | ||
| injury resulting from the transmission of a communicable disease | ||
| from the defendant to the victim during the commission of the | ||
| offense; | ||
| (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; or | ||
| (C) 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; | ||
| (7) two years from the date the offense was | ||
| discovered: sexual assault punishable as a state jail felony under | ||
| Section 22.011(f)(2), Penal Code; or | ||
| (8) three years from the date of the commission of the | ||
| offense: all other felonies. | ||
| SECTION 2. The change in law made 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 3. This Act takes effect September 1, 2021. | ||
