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AN ACT
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relating to the protection of children by ensuring reports of abuse |
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or neglect, protecting children from abuse and neglect, ensuring |
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that births are reported, and prosecuting the offense of bigamy; |
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providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 12.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault, if during the investigation |
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of the offense biological matter is collected and subjected to |
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forensic DNA testing and the testing results show that the matter |
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does not match the victim or any other person whose identity is |
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readily ascertained; |
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(D) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; or |
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(F) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which he exercises control in his official capacity; |
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(C) forgery or the uttering, using or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1); or |
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(F) arson; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) securing execution of document by deception; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; [or] |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; or |
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(H) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (6); |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) injury to a child under Section 22.04, Penal |
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Code; or |
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(B) bigamy under Section 25.01, Penal Code, if |
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the investigation of the offense shows that the person, other than |
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the legal spouse of the defendant, whom the defendant marries or |
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purports to marry or with whom the defendant lives under the |
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appearance of being married is younger than 18 years of age at the |
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time the offense is committed; or |
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(7) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 2. Section 262.1015(b), Family Code, is amended to |
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read as follows: |
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(b) A court may issue a temporary restraining order in a |
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suit by the department for the removal of an alleged perpetrator |
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under Subsection (a) if the department's petition states facts |
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sufficient to satisfy the court that: |
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(1) there is an immediate danger to the physical |
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health or safety of the child or the child has been a victim of |
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sexual abuse; |
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(2) there is no time, consistent with the physical |
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health or safety of the child, for an adversary hearing; |
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(3) the child is not in danger of abuse from a parent |
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or other adult with whom the child will continue to reside in the |
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residence of the child; [and] |
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(4) the parent or other adult with whom the child will |
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continue to reside in the child's home is likely to: |
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(A) make a reasonable effort to monitor the |
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residence; and |
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(B) report to the department and the appropriate |
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law enforcement agency any attempt by the alleged perpetrator to |
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return to the residence; and |
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(5) the issuance of the order is in the best interest |
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of the child. |
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SECTION 3. Section 195.004, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) Except as provided by Subsection (d-1), an [An] offense |
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under this section is a Class C misdemeanor. |
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(d-1) An offense under this section for failure to perform a |
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duty required by Section 192.003 is a Class A misdemeanor. |
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SECTION 4. Section 25.01(e), Penal Code, is amended to read |
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as follows: |
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(e) An offense under this section is a felony of the third |
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degree, except that if at the time of the commission of the offense, |
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the person whom the actor marries or purports to marry or with whom |
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the actor lives under the appearance of being married is: |
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(1) 17 [16] years of age [or older], the offense is a |
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felony of the second degree; or |
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(2) [younger than] 16 years of age or younger, the |
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offense is a felony of the first degree. |
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SECTION 5. The change in law made by this Act to Section |
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25.01, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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SECTION 6. The change in law made by this Act to Article |
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12.01, Code of Criminal Procedure, does not apply to an offense if |
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the prosecution of that offense becomes barred by limitation before |
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the effective date of this Act. The prosecution of that offense |
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remains barred as if this Act had not taken effect. |
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SECTION 7. The change in law made by this Act to Section |
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262.1015(b), Family Code, applies only to a petition for a |
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temporary restraining order in a suit by the Department of Family |
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and Protective Services filed on or after the effective date of this |
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Act. A petition filed before the effective date of this Act is |
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governed by the law in effect on the date the petition was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 253 was passed by the House on April |
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15, 2011, by the following vote: Yeas 134, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 253 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |