1-1                                   AN ACT

 1-2     relating to the statute of limitations for certain sexual offenses

 1-3     committed against children.

 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)

1-22     of the Penal Code;] indecency with a child under Section

1-23     21.11(a)(2), Penal Code;

1-24                 (3)  seven years from the date of the commission of the

 2-1     offense:

 2-2                       (A)  misapplication of fiduciary property or

 2-3     property of a financial institution;

 2-4                       (B)  securing execution of document by deception;

 2-5                 (4)  five years from the date of the commission of the

 2-6     offense:

 2-7                       (A)  theft, burglary, robbery;

 2-8                       (B)  arson;

 2-9                       (C)  sexual assault, except as provided in

2-10     Subsection (5) [(2)(D)] of this article;

2-11                 (5)  ten years from the 18th birthday of the victim of

2-12     the offense:

2-13                       (A)  indecency with a child under Section

2-14     21.11(a)(1), Penal Code;

2-15                       (B)  sexual assault under Section 22.011(a)(2),

2-16     Penal Code;

2-17                       (C)  aggravated sexual assault under Section

2-18     22.021(a)(1)(B), Penal Code;

2-19                 (6)  three years from the date of the commission of the

2-20     offense:  all other felonies.

2-21           SECTION 2.  Article 12.03(d), Code of Criminal Procedure, is

2-22     amended to read as follows:

2-23           (d)  Except as otherwise provided by this chapter, any [Any]

2-24     offense that bears the title "aggravated" shall carry the same

2-25     limitation period as the primary crime.

2-26           SECTION 3.  The change in law made by this Act does not apply

2-27     to an offense if the prosecution of the offense became barred by

 3-1     limitation before the effective date of this Act.  The prosecution

 3-2     of that offense remains barred as though this Act had not taken

 3-3     effect.

 3-4           SECTION 4.  This Act takes effect September 1, 1997.

 3-5           SECTION 5.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 921 was passed by the House on April

         30, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 921 was passed by the Senate on May

         24, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor