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.