The statute of limitations determines how long the State of Texas generally has to bring criminal charges for an alleged offense. However, these deadlines are not the same for every crime, and changes in Texas law can affect how the limitations period is calculated.
House Bill 467 (HB 467), which took effect on September 1, 2023, changed the statute of limitations for certain assault-related offenses in Texas. Most importantly, the law extended the limitations period for certain misdemeanor assaults and felony assault offenses.
Understanding these changes can be particularly important when dealing with an assault allegation that occurred before the new law took effect.
What Is a Statute of Limitations in a Texas Criminal Case?
A statute of limitations establishes the period during which the State can generally initiate a criminal prosecution.
The applicable deadline depends on the specific offense. Some serious crimes have very long limitation periods or no limitation period at all, while other felonies and misdemeanors must generally be prosecuted within a specific number of years.
This means determining whether a criminal charge is time-barred requires looking at the exact offense, the date it allegedly occurred, and the law applicable to that offense.
What Did Texas HB 467 Change?
HB 467 amended Articles 12.01 and 12.02 of the Texas Code of Criminal Procedure.
Among its changes, the law established a five-year statute of limitations for:
- Assault under Texas Penal Code §22.01 when committed against a person whose relationship or association with the defendant falls within specified provisions of the Texas Family Code;
- Continuous violence against the family under §25.11; and
- Aggravated assault under §22.02.
For qualifying misdemeanor assault under §22.01 involving one of the specified relationships, HB 467 extended the limitations period from two years to three years.
The Texas Legislature’s analysis of HB 467 explains that the legislation was intended to provide additional time in certain assault cases, particularly where family or relationship dynamics may make it difficult for an alleged victim to report abuse quickly.
Does HB 467 Apply to Offenses That Happened Before September 1, 2023?
This is where HB 467 becomes particularly important.
Section 3 of the law addresses what happens to offenses that occurred before the law took effect.
The critical question is whether prosecution of the offense had already become barred by the statute of limitations before September 1, 2023.
HB 467 provides that when prosecution was already barred before its effective date, the new law does not revive that prosecution.
In other words, September 1, 2023 can become an important date when analyzing older assault allegations.
What If the Previous Statute of Limitations Had Not Expired?
A different issue arises when the previous limitations period had not yet expired when HB 467 became effective.
The research prepared in connection with this issue identifies Thompson v. State, a 2025 Texas appellate decision, as particularly relevant. According to that analysis, the Dallas Court of Appeals concluded that an aggravated-assault offense that was not yet barred on September 1, 2023 could be subject to HB 467’s new five-year limitations period.
Thompson v. State, 2025 Tex. App. LEXIS 9608 (2025)
A simplified hypothetical helps illustrate the distinction:
Suppose an offense occurred before HB 467 and the previous limitations period would have expired after September 1, 2023.
Because the prosecution had not yet become time-barred when HB 467 took effect, the new limitations period may apply if the offense falls within the categories covered by the law.
By contrast, if the applicable limitations period had already expired before September 1, 2023, Section 3 provides that HB 467 does not revive the prosecution.
Why HB 467 Matters for Older Assault Cases
Someone facing an investigation or criminal charge involving an older allegation should not automatically assume that the passage of several years means the case is outside the statute of limitations.
Determining the applicable deadline can require examining:
- The date of the alleged offense;
- The exact Penal Code section charged;
- Whether the offense is a misdemeanor or felony;
- The relationship between the defendant and alleged victim, when relevant;
- Whether previous charging instruments exist; and
- Whether another rule affected or tolled the limitations period.
The underlying legal research provided to our team likewise identifies the exact offense date, Penal Code section, degree of the offense, relationship of the parties, and prior indictments as potentially important considerations.
Charged With Assault in Texas? Talk to a Criminal Defense Attorney
Statute-of-limitations issues can become complicated, particularly when a case involves changes in Texas law such as HB 467.
At Arguelles & Lambert, our criminal defense attorneys evaluate the specific facts, charging documents, and applicable Texas law when defending clients accused of criminal offenses.
If you have been charged with assault or another criminal offense in San Antonio Texas or the surrounding areas, contact our office to discuss your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.
