AN ACT
1-1 relating to the statute of limitations for the purpose of
1-2 prosecuting certain offenses under the Tax Code.
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; or
1-20 (D) indecency with a child under Section
1-21 21.11(a)(2), Penal Code;
1-22 (3) seven years from the date of the commission of the
1-23 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 or
2-4 (C) a violation under Sections 153.403(20)-(33),
2-5 Tax Code;
2-6 (4) five years from the date of the commission of the
2-7 offense:
2-8 (A) theft, burglary, robbery;
2-9 (B) arson; or
2-10 (C) sexual assault, except as provided in
2-11 Subsection (5) of this article;
2-12 (5) ten years from the 18th birthday of the victim of
2-13 the offense:
2-14 (A) indecency with a child under Section
2-15 21.11(a)(1), Penal Code;
2-16 (B) sexual assault under Section 22.011(a)(2),
2-17 Penal Code; or
2-18 (C) aggravated sexual assault under Section
2-19 22.021(a)(1)(B), Penal Code; or
2-20 (6) three years from the date of the commission of the
2-21 offense: all other felonies.
2-22 SECTION 2. The change in law made by this Act does not apply
2-23 to an offense if the prosecution of the offense became barred by
2-24 limitation before the effective date of this Act. The prosecution
2-25 of that offense remains barred as though this Act had not taken
2-26 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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 70 passed the Senate on
March 11, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 70 passed the House on
April 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor