Bill removes the time limit for prosecuting every sexual assault

The text as introduced · 1,329 words

89R1728 EAS-D

By: Hinojosa of Hidalgo
S.B. No. 615

A BILL TO BE ENTITLED

AN ACT

relating to the statute of limitations for sexual assault and

aggravated sexual assault.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 12.01, Code of Criminal Procedure, as

amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),

422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),

709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),

and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,

2023, is reenacted and amended to read as follows:

Art. 12.01. FELONIES. Except as provided in Articles

12.015 and 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

[ 22.011(a)(2) ], Penal Code, or aggravated sexual assault under

Section 22.021 [ 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

disabled individual under Section 21.02, Penal Code;

(D) [ (E) ] indecency with a child under Section

21.11, Penal Code;

(E) [ (F) ] an offense involving leaving the scene

of a collision under Section 550.021, Transportation Code, if the

collision resulted in the death of a person;

(F) [ (G) ] trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code;

(G) [ (H) ] continuous trafficking of persons

under Section 20A.03, Penal Code;

(H) [ (I) ] compelling prostitution under Section

43.05(a)(2) or (3), Penal Code; [ or ]

(I) [ (J) ] tampering with physical evidence under

Section 37.09(a)(1) or (d)(1), Penal Code, if:

(i) the evidence tampered with is a human

corpse, as defined by that section; or

(ii) the investigation of the offense shows

that a reasonable person in the position of the defendant at the

time of the commission of the offense would have cause to believe

that the evidence tampered with is related to a criminal homicide

under Chapter 19, Penal Code;

(J) interference with child custody under

Section 25.03(a)(3), Penal Code; or

(K) [ (J) ] burglary under Section 30.02, Penal

Code, if:

(i) the offense is punishable under

Subsection (d) of that section because the defendant entered a

habitation with the intent to commit an offense under Section

22.011 or 22.021, Penal Code; and

(ii) 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;

(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 (8);

[ (F) ] arson;

(F) [ (G) ] trafficking of persons under Section

20A.02(a)(1), (2), (3), or (4), Penal Code; or

(G) [ (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) fraudulent securing of document execution;

(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;

(J) bigamy under Section 25.01, Penal Code,

except as provided by Subdivision (7); or

(K) possession or promotion of child pornography

under Section 43.26, Penal Code;

(4) five years from the date of the commission of the

offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5),

kidnapping;

(C) [ (B-1) ] except as provided by Subdivision

(1) or (5), burglary;

(D) [ (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;

(E) [ (D) ] abandoning or endangering an [ a

child, ] elderly [ individual, ] or disabled individual;

(F) [ (E) ] insurance fraud;

(G) [ (F) ] assault under Section 22.01, Penal

Code, if the assault was committed against a person whose

relationship to or association with the defendant is described by

Section 71.0021(b), 71.003, or 71.005, Family Code;

(H) [ (G) ] continuous violence against the family

under Section 25.11, Penal Code; or

(I) [ (H) ] aggravated assault under Section

22.02, Penal Code;

(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) kidnapping under Section 20.03, Penal Code,

or aggravated kidnapping under Section 20.04, Penal Code; or

(B) subject to Subdivision (1)(K) [ (1)(J) ],

burglary under Section 30.02, Penal Code, if the offense is

punishable under Subsection (d) of that section because the

defendant entered a habitation with the intent to commit an offense

described by Subdivision (1)(B) or (C) [ (D) ] of this article or

Paragraph (A) of this subdivision;

(6) 20 years from the 18th birthday of the victim of

one of the following offenses:

(A) trafficking of a child [ persons ] under

Section 20A.02(a)(5) or (6), Penal Code; or

(B) sexual performance by a child under Section

43.25, Penal Code;

(7) ten years from the 18th birthday of the victim of

the offense:

(A) injury to a child under Section 22.04, Penal

Code;

(B) 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

(C) [ (D) ] abandoning or endangering a child;

(8) [ (7) ] ten years from the date the offense was

discovered: trafficking of a disabled individual under Section

20A.02(a)(5) or (6), Penal Code;

[ (8) 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

(9) 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, 2025.