Bill HB 467: Extended Statute of Limitations for Assault/Family Violence

What Does HB 467 Do?

House Bill 467, enacted by the Texas Legislature and effective as of September 1, 2023, extends the time frame in which prosecutors may file charges in assaultive offenses involving family, dating, or household members.

• Misdemeanor assault: The period has increased from 2 years to 3 years when the offense involves family, dating, or household relationships.  
• Felony-level offenses, including:
  • Assault against a person in a covered relationship,
  • Aggravated assault, and
  • Continuous violence against the family,
  • are now subject to a 5-year statute of limitations, up from 3 years.  

The law does not apply retroactively to offenses for which the original limitations period had already expired before its effective date.  

Why Was HB 467 Needed?

Victims of family violence often face complex barriers to reporting the crime—such as emotional trauma, fear of retaliation, manipulation, or ongoing coercive control by their abuser. HB 467 recognizes those realities by granting more time to file charges, facilitating better investigative outcomes and more equitable access to justice.  

Further, the law addresses a legal discrepancy: aggravated assault, although more severe, previously shared the same short limitations window as simple assault. HB 467 realigns the limitations with the seriousness of the offense.  

What It Means—For Victims and Defendants

For Victims

• Greater flexibility and agency: Survivors now have additional time to seek help, pursue healing, and initiate legal action.
• Enhanced investigative opportunities: Authorities have a more extended window to collect evidence and build stronger cases.  

For Defendants

• Prolonged uncertainty: Facing a potential charge may now extend up to five years after an alleged offense.
• Defense complications over time: Evidence may be lost, witnesses may move away, and memories may weaken, making effective defense more challenging.  

Legal and Constitutional Considerations

HB 467 respects both federal and Texas constitutional safeguards. Notably, the Ex Post Facto Clauses—which forbid retroactive punitive legislation—do not bar extending the statute of limitations, provided the original limitations period hasn’t expired at the time of enactment. Courts have affirmed that extending limitations periods does not create a new defense the defendant could have used at the time of the offense.  

In Summary

House Bill 467 is a thoughtful legislative measure acknowledging that family and dating violence often involves delayed reporting. By extending the filing deadlines—3 years for misdemeanors and 5 years for certain felonies—Texas strengthens its commitment to victim-centered justice while balancing defendants’ legal rights.