By Barrientos                                          S.B. No. 698
       74R6118 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the statute of limitations for the offense of securing
    1-3  execution of a document by deception.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 12.01, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 12.01.  Felonies.  Except as provided in Article 12.03,
    1-8  felony indictments may be presented within these limits, and not
    1-9  afterward:
   1-10              (1)  no limitation:  murder and manslaughter;
   1-11              (2)  ten years from the date of the commission of the
   1-12  offense:
   1-13                    (A)  theft of any estate, real, personal or
   1-14  mixed, by an executor, administrator, guardian or trustee, with
   1-15  intent to defraud any creditor, heir, legatee, ward, distributee,
   1-16  beneficiary or settlor of a trust interested in such estate;
   1-17                    (B)  theft by a public servant of government
   1-18  property over which he exercises control in his official capacity;
   1-19                    (C)  forgery or the uttering, using or passing of
   1-20  forged instruments;
   1-21                    (D)  sexual assault under Section 22.011(a)(2) of
   1-22  the Penal Code; indecency with a child;
   1-23              (3)  seven years from the date of the commission of the
   1-24  offense:
    2-1                    (A)  misapplication of fiduciary property or
    2-2  property of a financial institution;
    2-3                    (B)  securing execution of document by deception;
    2-4              (4)  five years from the date of the commission of the
    2-5  offense:
    2-6                    (A)  theft, burglary, robbery;
    2-7                    (B)  arson;
    2-8                    (C)  sexual assault, except as provided in
    2-9  Subsection (2)(D) of this article;
   2-10              (5)  three years from the date of the commission of the
   2-11  offense:  all other felonies.
   2-12        SECTION 2.  Article 12.01, Code of Criminal Procedure, as
   2-13  amended by this Act, does not apply to an offense if the
   2-14  prosecution of that offense became barred by limitation before the
   2-15  effective date of this Act.  The prosecution of that offense
   2-16  remains barred as though this Act had not taken effect.
   2-17        SECTION 3.  This Act takes effect September 1, 1995.
   2-18        SECTION 4.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.