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 * * * * *