Tex.
Code of Crim. Proc. Article 12.015
Racketeering and Unlawful Debt Collection
(a)
Except as provided by Subsection (b), a felony indictment for an offense under Section 72.02 (Use of Proceeds Derived from Racketeering or Unlawful Debt Collection), 72.03 (Acquisition of Interest in Property or Control of Enterprise Through Racketeering or Unlawful Debt Collection), or 72.04 (Participation in Enterprise Through Racketeering or Unlawful Debt Collection), Penal Code, must be presented not later than five years from the date of the commission of the offense.(1)
no limitation:(A)
murder and manslaughter;(B)
sexual assault under Section 22.011 (Sexual Assault)(a)(2), Penal Code, or aggravated sexual assault under Section 22.021 (Aggravated Sexual Assault)(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 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code;(E)
indecency with a child under Section 21.11 (Indecency with a Child), Penal Code;(F)
an offense involving leaving the scene of a collision under Section 550.021 (Collision Involving Personal Injury or Death), Transportation Code, if the collision resulted in the death of a person;(G)
trafficking of persons under Section 20A.02 (Trafficking of Persons)(a)(7) or (8), Penal Code;(H)
continuous trafficking of persons under Section 20A.03 (Continuous Trafficking of Persons), Penal Code;(I)
compelling prostitution under Section 43.05 (Compelling Prostitution)(a)(2) or (3), Penal Code; or(J)
tampering with physical evidence under Section 37.09 (Tampering with or Fabricating Physical Evidence)(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 (Criminal Homicide), Penal Code;(J)
interference with child custody under Section 25.03 (Interference with Child Custody)(a)(3), Penal Code;(J)
burglary under Section 30.02 (Burglary), 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 (Sexual Assault) or 22.021 (Aggravated Sexual Assault), 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 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code;(E)
sexual assault, except as provided by Subdivision (1) or (8);(F)
arson;(G)
trafficking of persons under Section 20A.02 (Trafficking of Persons)(a)(1), (2), (3), or (4), Penal Code; or(H)
compelling prostitution under Section 43.05 (Compelling Prostitution)(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 (Motor Fuel Taxes), Tax Code;(D)
false statement to obtain property or credit under Section 32.32 (False Statement to Obtain Property or Credit or in the Provision of Certain Services), Penal Code;(E)
money laundering;(F)
credit card or debit card abuse under Section 32.31 (Credit Card or Debit Card Abuse), Penal Code;(G)
fraudulent use or possession of identifying information under Section 32.51 (Fraudulent Use or Possession of Identifying Information), Penal Code;(H)
exploitation of a child, elderly individual, or disabled individual under Section 32.53 (Exploitation of Child, Elderly Individual, or Disabled Individual), Penal Code;(I)
health care fraud under Section 35A.02 (Health Care Fraud), Penal Code;(J)
bigamy under Section 25.01 (Bigamy), Penal Code, except as provided by Subdivision (7); or(K)
possession or promotion of child pornography under Section 43.26 (Possession or Promotion of Child Pornography), 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;(B-1)
except as provided by Subdivision (1) or (5), burglary;(C)
injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code;(D)
abandoning or endangering a child, elderly individual, or disabled individual;(E)
insurance fraud;(F)
assault under Section 22.01 (Assault), Penal Code, if the assault was committed against a person whose relationship to or association with the defendant is described by Section 71.0021 (Dating Violence)(b), 71.003 (Family), or 71.005 (Household), Family Code;(G)
continuous violence against the family under Section 25.11 (Continuous Violence Against the Family), Penal Code; or(H)
aggravated assault under Section 22.02 (Aggravated Assault), 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 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 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code; or(D)
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)
kidnapping under Section 20.03 (Kidnapping), Penal Code, or aggravated kidnapping under Section 20.04 (Aggravated Kidnapping), Penal Code; or(B)
subject to Subdivision (1)(J), burglary under Section 30.02 (Burglary), 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 (D) of this article or Paragraph (A) of this subdivision;(6)
ten years from the 18th birthday of the victim of the offense:(A)
trafficking of a child under Section 20A.02 (Trafficking of Persons)(a)(5) or (6), Penal Code;(B)
injury to a child under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code;(C)
bigamy under Section 25.01 (Bigamy), 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(D)
abandoning or endangering a child;(6)
20 years from the 18th birthday of the victim of one of the following offenses:(A)
trafficking of persons under Section 20A.02 (Trafficking of Persons)(a)(5) or (6), Penal Code; or(B)
sexual performance by a child under Section 43.25 (Sexual Performance by a Child), Penal Code;(7)
ten years from the date the offense was discovered: trafficking of a disabled individual under Section 20A.02 (Trafficking of Persons)(a)(5) or (6), Penal Code;(7)
ten years from the 18th birthday of the victim of the offense:(A)
injury to a child under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code; or(B)
bigamy under Section 25.01 (Bigamy), 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;(8)
two years from the date the offense was discovered: sexual assault punishable as a state jail felony under Section 22.011 (Sexual Assault)(f)(2), Penal Code; or(9)
three years from the date of the commission of the offense: all other felonies.(b)
If the attorney general or a local prosecutor, as defined by Section 140B.001 (Definitions), Civil Practice and Remedies Code, brings an action in the name of the state under Chapter 140B (Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection), Civil Practice and Remedies Code, during the limitations period described by Subsection (a), that limitations period is suspended while the attorney general’s or local prosecutor’s action is pending. If a limitations period is suspended under this subsection, the limitations period is extended for two years.
Source:
Article 12.015 — Racketeering and Unlawful Debt Collection, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.12.htm#12.015 (accessed Jun. 5, 2024).
