Bill Text: TX SB1259 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the prosecution of the offense of sexual assault.
Spectrum: Slight Partisan Bill (Democrat 14-9)
Status: (Passed) 2019-06-04 - Effective on 9/1/19 [SB1259 Detail]
Download: Texas-2019-SB1259-Enrolled.html
S.B. No. 1259 |
|
||
relating to the prosecution of the offense of 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; | ||
(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) or (7); | ||
(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; [ |
||
(7) 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 | ||
(8) three years from the date of the commission of the | ||
offense: all other felonies. | ||
SECTION 2. Sections 22.011(b) and (f), Penal Code, are | ||
amended to read as follows: | ||
(b) A sexual assault under Subsection (a)(1) is without the | ||
consent of the other person if: | ||
(1) the actor compels the other person to submit or | ||
participate by the use of physical force, violence, or coercion; | ||
(2) the actor compels the other person to submit or | ||
participate by threatening to use force or violence against the | ||
other person or to cause harm to the other person, and the other | ||
person believes that the actor has the present ability to execute | ||
the threat; | ||
(3) the other person has not consented and the actor | ||
knows the other person is unconscious or physically unable to | ||
resist; | ||
(4) the actor knows that as a result of mental disease | ||
or defect the other person is at the time of the sexual assault | ||
incapable either of appraising the nature of the act or of resisting | ||
it; | ||
(5) the other person has not consented and the actor | ||
knows the other person is unaware that the sexual assault is | ||
occurring; | ||
(6) the actor has intentionally impaired the other | ||
person's power to appraise or control the other person's conduct by | ||
administering any substance without the other person's knowledge; | ||
(7) the actor compels the other person to submit or | ||
participate by threatening to use force or violence against any | ||
person, and the other person believes that the actor has the ability | ||
to execute the threat; | ||
(8) the actor is a public servant who coerces the other | ||
person to submit or participate; | ||
(9) the actor is a mental health services provider or a | ||
health care services provider who causes the other person, who is a | ||
patient or former patient of the actor, to submit or participate by | ||
exploiting the other person's emotional dependency on the actor; | ||
(10) the actor is a clergyman who causes the other | ||
person to submit or participate by exploiting the other person's | ||
emotional dependency on the clergyman in the clergyman's | ||
professional character as spiritual adviser; [ |
||
(11) the actor is an employee of a facility where the | ||
other person is a resident, unless the employee and resident are | ||
formally or informally married to each other under Chapter 2, | ||
Family Code; or | ||
(12) the actor is a health care services provider who, | ||
in the course of performing an assisted reproduction procedure on | ||
the other person, uses human reproductive material from a donor | ||
knowing that the other person has not expressly consented to the use | ||
of material from that donor. | ||
(f) An offense under this section is a felony of the second | ||
degree, except that an offense under this section is: | ||
(1) a felony of the first degree if the victim was a | ||
person whom the actor was prohibited from marrying or purporting to | ||
marry or with whom the actor was prohibited from living under the | ||
appearance of being married under Section 25.01; or | ||
(2) a state jail felony if the offense is committed | ||
under Subsection (a)(1) and the actor has not received express | ||
consent as described by Subsection (b)(12). | ||
SECTION 3. Section 22.011(c), Penal Code, is amended by | ||
adding Subdivisions (6) and (7) to read as follows: | ||
(6) "Assisted reproduction" and "donor" have the | ||
meanings assigned by Section 160.102, Family Code. | ||
(7) "Human reproductive material" means: | ||
(A) a human spermatozoon or ovum; or | ||
(B) a human organism at any stage of development | ||
from fertilized ovum to embryo. | ||
SECTION 4. The changes in law made by this Act apply 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 was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 5. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1259 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1259 passed the House on | ||
May 17, 2019, by the following vote: Yeas 139, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |