By: Barrientos S.B. No. 698
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the statute of limitations for the offense of securing
1-2 execution of a document by deception.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 12.01, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 12.01. Felonies. Except as provided in Article 12.03,
1-7 felony indictments may be presented within these limits, and not
1-8 afterward:
1-9 (1) no limitation: murder and manslaughter;
1-10 (2) ten years from the date of the commission of the
1-11 offense:
1-12 (A) theft of any estate, real, personal or
1-13 mixed, by an executor, administrator, guardian or trustee, with
1-14 intent to defraud any creditor, heir, legatee, ward, distributee,
1-15 beneficiary or settlor of a trust interested in such estate;
1-16 (B) theft by a public servant of government
1-17 property over which he exercises control in his official capacity;
1-18 (C) forgery or the uttering, using or passing of
1-19 forged instruments;
1-20 (D) sexual assault under Section 22.011(a)(2) of
1-21 the Penal Code; indecency with a child;
1-22 (3) seven years from the date of the commission of the
1-23 offense:
1-24 (A) misapplication of fiduciary property or
2-1 property of a financial institution;
2-2 (B) securing execution of document by deception;
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 (2)(D) of this article;
2-9 (5) three years from the date of the commission of the
2-10 offense: all other felonies.
2-11 SECTION 2. Article 12.01, Code of Criminal Procedure, as
2-12 amended by this Act, does not apply to an offense if the
2-13 prosecution of that offense became barred by limitation before the
2-14 effective date of this Act. The prosecution of that offense
2-15 remains barred as though this Act had not taken effect.
2-16 SECTION 3. This Act takes effect September 1, 1995.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.