AEZ H.B. 921 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 921
By: Danburg
4-9-97
Committee Report (Unamended)



BACKGROUND 

Currently, the statute of limitations for cases of childhood sexual abuse
is 10 years from the date of the commission of the offense.  Survivors of
childhood sexual abuse are often too young and too dependent on their
abusers to report the abuse within the statutory time period.  

PURPOSE

HB 921, as proposed, would revise the statute of limitations for sexual
offenses committed against children.  The bill would extend the statute of
limitations to ten years from the victim's 18th birthday for indecency
with a child involving sexual contact, sexual assault of a child and
aggravated sexual assault of a child. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 12.01, Code of Criminal Procedure, Felonies, as
follows: 

(a)  by removing sexual assault from the list of certain offenses for
which felony indictments may be presented within 10 years of the
commission of the offense; 

(b)  by adding new language to Subsection (5) of this article to provide
that felony indictments may be presented ten years from the 18th birthday
of the victim of the offense in cases of indecency with a child involving
sexual contact (Section 21.11(a)(1), Penal Code);  sexual assault of a
child (Section 21.011(a)(2), Penal Code); or aggravated sexual assault of
a child (Section 22.021 (a)(1)(B), Penal Code);   

(c)  Creates a new Subsection (6) out of existing text.

SECTION 2.Amends Article 12.03(d), Code of Criminal Procedure, by making a
conforming change. 

SECTION 3.Change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 4.Effective date: September 1, 1997.

SECTION 5.Emergency clause.