1-1  By:  Barrientos                                        S.B. No. 698
    1-2        (In the Senate - Filed February 22, 1995; February 23, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  May 10, 1995, reported favorably by the following vote:  Yeas 5,
    1-5  Nays 0; May 10, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the statute of limitations for the offense of securing
    1-9  execution of a document by deception.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Article 12.01, Code of Criminal Procedure, is
   1-12  amended to read as follows:
   1-13        Art. 12.01.  Felonies.  Except as provided in Article 12.03,
   1-14  felony indictments may be presented within these limits, and not
   1-15  afterward:
   1-16              (1)  no limitation:  murder and manslaughter;
   1-17              (2)  ten years from the date of the commission of the
   1-18  offense:
   1-19                    (A)  theft of any estate, real, personal or
   1-20  mixed, by an executor, administrator, guardian or trustee, with
   1-21  intent to defraud any creditor, heir, legatee, ward, distributee,
   1-22  beneficiary or settlor of a trust interested in such estate;
   1-23                    (B)  theft by a public servant of government
   1-24  property over which he exercises control in his official capacity;
   1-25                    (C)  forgery or the uttering, using or passing of
   1-26  forged instruments;
   1-27                    (D)  sexual assault under Section 22.011(a)(2) of
   1-28  the Penal Code; indecency with a child;
   1-29              (3)  seven years from the date of the commission of the
   1-30  offense:
   1-31                    (A)  misapplication of fiduciary property or
   1-32  property of a financial institution;
   1-33                    (B)  securing execution of document by deception;
   1-34              (4)  five years from the date of the commission of the
   1-35  offense:
   1-36                    (A)  theft, burglary, robbery;
   1-37                    (B)  arson;
   1-38                    (C)  sexual assault, except as provided in
   1-39  Subsection (2)(D) of this article;
   1-40              (5)  three years from the date of the commission of the
   1-41  offense:  all other felonies.
   1-42        SECTION 2.  Article 12.01, Code of Criminal Procedure, as
   1-43  amended by this Act, does not apply to an offense if the
   1-44  prosecution of that offense became barred by limitation before the
   1-45  effective date of this Act.  The prosecution of that offense
   1-46  remains barred as though this Act had not taken effect.
   1-47        SECTION 3.  This Act takes effect September 1, 1995.
   1-48        SECTION 4.  The importance of this legislation and the
   1-49  crowded condition of the calendars in both houses create an
   1-50  emergency and an imperative public necessity that the
   1-51  constitutional rule requiring bills to be read on three several
   1-52  days in each house be suspended, and this rule is hereby suspended.
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