By: Thompson of Harris, Moody, Guillen	H.B. No. 189
	(Senate Sponsor - Taylor of Collin)
	(In the Senate - Received from the House May 4, 2015;
	May 5, 2015, read first time and referred to Committee on Criminal
	Justice; May 21, 2015, reported favorably by the following vote:
	Yeas 7, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the elimination of the statute of limitations for the
	offenses of 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, 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 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, 2015.
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