Bill Text: TX HB253 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the protection of children by ensuring reports of abuse or neglect, protecting children from abuse and neglect, ensuring that births are reported, and prosecuting the offense of bigamy; providing criminal penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB253 Detail]
Download: Texas-2011-HB253-Enrolled.html
H.B. No. 253 |
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relating to the protection of children by ensuring reports of abuse | ||
or neglect, protecting children from abuse and neglect, ensuring | ||
that births are reported, and prosecuting the offense of bigamy; | ||
providing criminal penalties. | ||
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 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; | ||
(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; or | ||
(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; | ||
(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); or | ||
(F) arson; | ||
(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; [ |
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(G) fraudulent use or possession of identifying | ||
information under Section 32.51, Penal Code; or | ||
(H) 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) injury to a child under Section 22.04, Penal | ||
Code; or | ||
(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 | ||
(7) three years from the date of the commission of the | ||
offense: all other felonies. | ||
SECTION 2. Section 262.1015(b), Family Code, is amended to | ||
read as follows: | ||
(b) A court may issue a temporary restraining order in a | ||
suit by the department for the removal of an alleged perpetrator | ||
under Subsection (a) if the department's petition states facts | ||
sufficient to satisfy the court that: | ||
(1) there is an immediate danger to the physical | ||
health or safety of the child or the child has been a victim of | ||
sexual abuse; | ||
(2) there is no time, consistent with the physical | ||
health or safety of the child, for an adversary hearing; | ||
(3) the child is not in danger of abuse from a parent | ||
or other adult with whom the child will continue to reside in the | ||
residence of the child; [ |
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(4) the parent or other adult with whom the child will | ||
continue to reside in the child's home is likely to: | ||
(A) make a reasonable effort to monitor the | ||
residence; and | ||
(B) report to the department and the appropriate | ||
law enforcement agency any attempt by the alleged perpetrator to | ||
return to the residence; and | ||
(5) the issuance of the order is in the best interest | ||
of the child. | ||
SECTION 3. Section 195.004, Health and Safety Code, is | ||
amended by amending Subsection (d) and adding Subsection (d-1) to | ||
read as follows: | ||
(d) Except as provided by Subsection (d-1), an [ |
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under this section is a Class C misdemeanor. | ||
(d-1) An offense under this section for failure to perform a | ||
duty required by Section 192.003 is a Class A misdemeanor. | ||
SECTION 4. Section 25.01(e), Penal Code, is amended to read | ||
as follows: | ||
(e) An offense under this section is a felony of the third | ||
degree, except that if at the time of the commission of the offense, | ||
the person whom the actor marries or purports to marry or with whom | ||
the actor lives under the appearance of being married is: | ||
(1) 17 [ |
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felony of the second degree; or | ||
(2) [ |
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offense is a felony of the first degree. | ||
SECTION 5. The change in law made by this Act to Section | ||
25.01, Penal Code, applies only to an offense committed on or after | ||
the effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect when the | ||
offense was committed, and the former law is continued in effect for | ||
that purpose. For purposes of this section, an offense is committed | ||
before the effective date of this Act if any element of the offense | ||
occurs before that date. | ||
SECTION 6. The change in law made by this Act to Article | ||
12.01, Code of Criminal Procedure, 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 7. The change in law made by this Act to Section | ||
262.1015(b), Family Code, applies only to a petition for a | ||
temporary restraining order in a suit by the Department of Family | ||
and Protective Services filed on or after the effective date of this | ||
Act. A petition filed before the effective date of this Act is | ||
governed by the law in effect on the date the petition was filed, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 253 was passed by the House on April | ||
15, 2011, by the following vote: Yeas 134, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 253 was passed by the Senate on May | ||
19, 2011, by the following vote: Yeas 31, Nays 0 | ||
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______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |