By:  Goodman                                           H.B. No. 599
       73R3083 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the statute of limitations for purposes of prosecutions
    1-3  of certain sexual offenses committed against children.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 12.01, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 12.01.  Felonies.  Except as provided in Article 12.03,
    1-8  felony indictments may be presented within these limits, and not
    1-9  afterward:
   1-10              (1)  no limitation:  murder and manslaughter;
   1-11              (2)  15 years from the date of the 18th birthday of the
   1-12  victim of the offense:
   1-13                    (A)  indecency with a child under Section
   1-14  21.11(a)(1), Penal Code;
   1-15                    (B)  sexual assault under Section 22.011(a)(2),
   1-16  Penal Code; or
   1-17                    (C)  aggravated sexual assault under Section
   1-18  22.021(a)(1)(B), Penal Code;
   1-19              (3)  ten years from the date of the commission of the
   1-20  offense:
   1-21                    (A)  theft of any estate, real, personal or
   1-22  mixed, by an executor, administrator, guardian or trustee, with
   1-23  intent to defraud any creditor, heir, legatee, ward, distributee,
   1-24  beneficiary or settlor of a trust interested in such estate;
    2-1                    (B)  theft by a public servant of government
    2-2  property over which he exercises control in his official capacity;
    2-3                    (C)  forgery or the uttering, using or passing of
    2-4  forged instruments;
    2-5                    (D)  <sexual assault under Section 22.011(a)(2)
    2-6  of the Penal Code;> indecency with a child under Section
    2-7  21.11(a)(2), Penal Code;
    2-8              (4) <(3)>  seven years from the date of the commission
    2-9  of the offense:  misapplication of fiduciary property or property
   2-10  of a financial institution;
   2-11              (5) <(4)>  five years from the date of the commission
   2-12  of the offense:
   2-13                    (A)  theft, burglary, robbery;
   2-14                    (B)  arson;
   2-15                    (C)  sexual assault, except as provided in
   2-16  Subsection (2) <(2)(D)> of this article;
   2-17              (6) <(5)>  three years from the date of the commission
   2-18  of the offense:  all other felonies.
   2-19        SECTION 2.  The change in law made by this Act does not apply
   2-20  to an offense if the prosecution of the offense became barred by
   2-21  limitation before the effective date of this Act.  The prosecution
   2-22  of that offense remains barred as though this Act had not taken
   2-23  effect.
   2-24        SECTION 3.  This Act takes effect September 1, 1993.
   2-25        SECTION 4.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.