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.
    1-7        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.