1-1     By:  Danburg, et al. (Senate Sponsor - Shapiro)        H.B. No. 921

 1-2           (In the Senate - Received from the House May 1, 1997;

 1-3     May 2, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the statute of limitations for certain sexual offenses

 1-9     committed against children.

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)

1-28     of the Penal Code;] indecency with a child under Section

1-29     21.11(a)(2), Penal Code;

1-30                 (3)  seven years from the date of the commission of the

1-31     offense:

1-32                       (A)  misapplication of fiduciary property or

1-33     property of a financial institution;

1-34                       (B)  securing execution of document by deception;

1-35                 (4)  five years from the date of the commission of the

1-36     offense:

1-37                       (A)  theft, burglary, robbery;

1-38                       (B)  arson;

1-39                       (C)  sexual assault, except as provided in

1-40     Subsection (5) [(2)(D)] of this article;

1-41                 (5)  ten years from the 18th birthday of the victim of

1-42     the offense:

1-43                       (A)  indecency with a child under Section

1-44     21.11(a)(1), Penal Code;

1-45                       (B)  sexual assault under Section 22.011(a)(2),

1-46     Penal Code;

1-47                       (C)  aggravated sexual assault under Section

1-48     22.021(a)(1)(B), Penal Code;

1-49                 (6)  three years from the date of the commission of the

1-50     offense:  all other felonies.

1-51           SECTION 2.  Article 12.03(d), Code of Criminal Procedure, is

1-52     amended to read as follows:

1-53           (d)  Except as otherwise provided by this chapter, any [Any]

1-54     offense that bears the title "aggravated" shall carry the same

1-55     limitation period as the primary crime.

1-56           SECTION 3.  The change in law made by this Act does not apply

1-57     to an offense if the prosecution of the offense became barred by

1-58     limitation before the effective date of this Act.  The prosecution

1-59     of that offense remains barred as though this Act had not taken

1-60     effect.

1-61           SECTION 4.  This Act takes effect September 1, 1997.

1-62           SECTION 5.  The importance of this legislation and the

1-63     crowded condition of the calendars in both houses create an

1-64     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended.

 2-3                                  * * * * *