By Culberson H.B. No. 2346
76R7569 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to periods of limitation for a felony involving leaving
1-3 the scene of an accident.
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, and an
1-11 offense involving leaving the scene of an accident under Section
1-12 550.021, Transportation Code, but only if the accident resulted in
1-13 the death of a person;
1-14 (2) ten years from the date of the commission of the
1-15 offense:
1-16 (A) theft of any estate, real, personal or
1-17 mixed, by an executor, administrator, guardian or trustee, with
1-18 intent to defraud any creditor, heir, legatee, ward, distributee,
1-19 beneficiary or settlor of a trust interested in such estate;
1-20 (B) theft by a public servant of government
1-21 property over which he exercises control in his official capacity;
1-22 (C) forgery or the uttering, using or passing of
1-23 forged instruments;
1-24 (D) indecency with a child under Section
2-1 21.11(a)(2), Penal Code;
2-2 (3) seven years from the date of the commission of the
2-3 offense:
2-4 (A) misapplication of fiduciary property or
2-5 property of a financial institution;
2-6 (B) securing execution of document by deception;
2-7 (4) five years from the date of the commission of the
2-8 offense:
2-9 (A) theft, burglary, robbery;
2-10 (B) arson;
2-11 (C) sexual assault, except as provided in
2-12 Subsection (5) of this article;
2-13 (5) ten years from the 18th birthday of the victim of
2-14 the offense:
2-15 (A) indecency with a child under Section
2-16 21.11(a)(1), Penal Code;
2-17 (B) sexual assault under Section 22.011(a)(2),
2-18 Penal Code;
2-19 (C) aggravated sexual assault under Section
2-20 22.021(a)(1)(B), Penal Code;
2-21 (6) three years from the date of the commission of the
2-22 offense: all other felonies.
2-23 SECTION 2. The change in law made by this Act does not apply
2-24 to an offense the prosecution of which became barred by limitation
2-25 under Article 12.01, Code of Criminal Procedure, before the
2-26 effective date of this Act. The prosecution of that offense
2-27 remains barred as though this Act had not taken effect.
3-1 SECTION 3. This Act takes effect September 1, 1999.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.