By: Danburg H.B. No. 602
73R2982 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) ten years from the date of the commission of the
1-12 offense:
1-13 (A) theft of any estate, real, personal or
1-14 mixed, by an executor, administrator, guardian or trustee, with
1-15 intent to defraud any creditor, heir, legatee, ward, distributee,
1-16 beneficiary or settlor of a trust interested in such estate;
1-17 (B) theft by a public servant of government
1-18 property over which he exercises control in his official capacity;
1-19 (C) forgery or the uttering, using or passing of
1-20 forged instruments;
1-21 (D) <sexual assault under Section 22.011(a)(2)
1-22 of the Penal Code;> indecency with a child under Section
1-23 21.11(a)(2), Penal Code;
1-24 (3) seven years from the date of the commission of the
2-1 offense: misapplication of fiduciary property or property of a
2-2 financial institution;
2-3 (4) five years from the date of the commission of the
2-4 offense:
2-5 (A) theft, burglary, robbery;
2-6 (B) arson;
2-7 (C) sexual assault, except as provided in
2-8 Subsection (5) <(2)(D)> of this article;
2-9 (5) five years from the 18th birthday of the victim of
2-10 the offense or the date the victim first remembers the offense,
2-11 whichever is later:
2-12 (A) indecency with a child under Section
2-13 21.11(a)(1), Penal Code;
2-14 (B) sexual assault under Section 22.011(a)(2),
2-15 Penal Code; or
2-16 (C) aggravated sexual assault under Section
2-17 22.021(a)(1)(B), Penal Code; or
2-18 (6) three years from the date of the commission of the
2-19 offense: all other felonies.
2-20 SECTION 2. The change in law made by this Act does not apply
2-21 to an offense if the prosecution of the offense became barred by
2-22 limitation before the effective date of this Act. The prosecution
2-23 of that offense remains barred as though this Act had not taken
2-24 effect.
2-25 SECTION 3. This Act takes effect September 1, 1993.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.