By: Harris, Chris S.B. No. 1404
73R9333 NSC-F
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 and for the
1-4 purpose of bringing suit on a cause of action for sexual assault on
1-5 a child.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 12.01, Code of Criminal Procedure, is
1-8 amended to read as follows:
1-9 Art. 12.01. FELONIES. Except as provided in Article 12.03,
1-10 felony indictments may be presented within these limits, and not
1-11 afterward:
1-12 (1) no limitation: murder and manslaughter;
1-13 (2) ten years from the date of the 18th birthday of
1-14 the victim of the offense:
1-15 (A) indecency with a child under
1-16 Section 21.11(a)(1), Penal Code;
1-17 (B) sexual assault under Section 22.011(a)(2),
1-18 Penal Code; or
1-19 (C) aggravated sexual assault under
1-20 Section 22.021(a)(1)(B), Penal Code;
1-21 (3) ten years from the date of the commission of the
1-22 offense:
1-23 (A) theft of any estate, real, personal or
1-24 mixed, by an executor, administrator, guardian or trustee, with
2-1 intent to defraud any creditor, heir, legatee, ward, distributee,
2-2 beneficiary or settlor of a trust interested in such estate;
2-3 (B) theft by a public servant of government
2-4 property over which he exercises control in his official capacity;
2-5 (C) forgery or the uttering, using or passing of
2-6 forged instruments;
2-7 (D) <sexual assault under Section 22.011(a)(2)
2-8 of the Penal Code;> indecency with a child under Section
2-9 21.11(a)(2), Penal Code;
2-10 (4) <(3)> seven years from the date of the commission
2-11 of the offense: misapplication of fiduciary property or property
2-12 of a financial institution;
2-13 (5) <(4)> five years from the date of the commission
2-14 of the offense:
2-15 (A) theft, burglary, robbery;
2-16 (B) arson;
2-17 (C) sexual assault, except as provided in
2-18 Subsection (2) <(2)(D)> of this article;
2-19 (6) <(5)> three years from the date of the commission
2-20 of the offense: all other felonies.
2-21 SECTION 2. Subchapter A, Chapter 16, Civil Practice and
2-22 Remedies Code, is amended by adding Section 16.012 to read as
2-23 follows:
2-24 Sec. 16.012. ACTION FOR SEXUAL ASSAULT ON A CHILD.
2-25 Notwithstanding Section 16.003, a person must bring a suit for
2-26 personal injury arising out of sexual abuse or sexual assault not
2-27 later than 15 years after the date of the person's 18th birthday if
3-1 the sexual abuse or sexual assault was committed against the person
3-2 before the person reached 17 years of age.
3-3 SECTION 3. (a) Section 2 of this Act applies to a cause of
3-4 action that accrues before, on, or after the effective date of this
3-5 Act, except that this Act does not apply to an action that has been
3-6 held to be barred by Section 16.003, Civil Practice and Remedies
3-7 Code, before the effective date of this Act.
3-8 (b) The change in law made by Section 1 of this Act does not
3-9 apply to an offense if the prosecution of the offense became barred
3-10 by limitation before the effective date of this Act. The
3-11 prosecution of that offense remains barred as though this Act had
3-12 not taken effect.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.