BILL ANALYSIS



S.B. 698
By: Barrientos (Greenberg)
May 17, 1995
Committee Report (Unamended)


BACKGROUND

Currently, under the statute of limitations, a district attorney's
office filing charges under Section 32.46, Penal Code, (Securing
Execution of Document by Deception) must do so within three years. 
Investigations of offenses under this section are often long and
are do not reach completion before the statute of limitations
expires.

PURPOSE

As proposed, S.B. 698 provides that felony indictments may be
presented within certain limits including seven years from the date
of the commission of the offense securing execution of document by
deception.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 12.01, Code of Criminal Procedure, to
provide that felony indictments may be presented within certain
limits including seven years from the date of the commission of the
offense securing execution of document by deception.

SECTION 2. Provides that Article 12.01, Code of Criminal Procedure,
does not apply to an offense if the prosecution of that offense
became barred by limitation before the effective date of this Act.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 698 was considered by the full committee in a formal meeting on
May 17, 1995.  SB 698 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars, by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.