Bill Text: TX SB735 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the statute of limitations for certain sexual assault offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Criminal Justice [SB735 Detail]
Download: Texas-2019-SB735-Introduced.html
By: Watson | S.B. No. 735 | |
|
||
|
||
relating to the statute of limitations for certain sexual assault | ||
offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 12, Code of Criminal Procedure, is | ||
amended by adding Article 12.051 to read as follows: | ||
Art. 12.051. TOLLING OF LIMITATION PERIOD IN CERTAIN SEXUAL | ||
ASSAULT CASES. (a) This article applies only to sexual assault | ||
under Section 22.011, Penal Code, and aggravated sexual assault | ||
under Section 22.021, Penal Code. | ||
(b) If biological matter is collected during the | ||
investigation of an offense to which this article applies, the | ||
running of the period of limitation for the offense is tolled from | ||
the date on which the biological matter is first collected until the | ||
date on which forensic DNA testing results show that all DNA | ||
profiles derived from the matter match one or more persons, all of | ||
whose identities are readily ascertained. | ||
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[ |
||
[ |
||
|
||
|
||
|
||
|
||
[ |
||
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; | ||
(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 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) exploitation of a child, elderly individual, | ||
or disabled individual under Section 32.53, Penal Code; | ||
(I) Medicaid 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; 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; 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; or | ||
(7) three years from the date of the commission of the | ||
offense: all other felonies. | ||
SECTION 3. The changes in law made by this Act do 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, 2019. |