By Hartnett H.B. No. 973
76R634 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to periods of limitation for certain felonies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 12.01, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 12.01. FELONIES. Except as provided in Article 12.03,
1-7 felony indictments may be presented within these limits, and not
1-8 afterward:
1-9 (1) no limitation: murder and manslaughter;
1-10 (2) ten years from the date of the commission of the
1-11 offense:
1-12 (A) theft of any estate, real, personal or
1-13 mixed, by an executor, administrator, guardian or trustee, with
1-14 intent to defraud any creditor, heir, legatee, ward, distributee,
1-15 beneficiary or settlor of a trust interested in such estate;
1-16 (B) theft by a public servant of government
1-17 property over which he exercises control in his official capacity;
1-18 (C) forgery or the uttering, using or passing of
1-19 forged instruments;
1-20 (D) indecency with a child under Section
1-21 21.11(a)(2), Penal Code;
1-22 (3) nine [seven] years from the date of the commission
1-23 of the offense:
1-24 (A) misapplication of fiduciary property or
2-1 property of a financial institution;
2-2 (B) securing execution of document by deception;
2-3 (C) [(4) five years from the date of the
2-4 commission of the offense:]
2-5 [(A)] theft, burglary, robbery;
2-6 (D) [(B)] arson;
2-7 (E) [(C)] sexual assault, except as provided in
2-8 Subdivision (4) [Subsection (5) of this article];
2-9 (4) [(5)] ten years from the 18th birthday of the
2-10 victim of the offense:
2-11 (A) indecency with a child under Section
2-12 21.11(a)(1), Penal Code;
2-13 (B) sexual assault under Section 22.011(a)(2),
2-14 Penal Code;
2-15 (C) aggravated sexual assault under Section
2-16 22.021(a)(1)(B), Penal Code;
2-17 (5) eight [(6) three] years from the date of the
2-18 commission of the offense: all other felonies.
2-19 SECTION 2. The change in law made by this Act does not apply
2-20 to an offense the prosecution of which became barred by limitation
2-21 under Article 12.01, Code of Criminal Procedure, before the
2-22 effective date of this Act. The prosecution of that offense
2-23 remains barred as though this Act had not taken effect.
2-24 SECTION 3. This Act takes effect September 1, 1999.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.