By Wentworth S.B. No. 1275
76R9315 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statute of limitations for purposes of prosecuting
1-3 certain felony sex offenses.
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;
1-11 (2) 15 years from the date of the commission of the
1-12 offense: sexual assault, except as provided in Subdivision (6);
1-13 (3) ten years from the date of the commission of the
1-14 offense:
1-15 (A) theft of any estate, real, personal or
1-16 mixed, by an executor, administrator, guardian or trustee, with
1-17 intent to defraud any creditor, heir, legatee, ward, distributee,
1-18 beneficiary or settlor of a trust interested in such estate;
1-19 (B) theft by a public servant of government
1-20 property over which he exercises control in his official capacity;
1-21 (C) forgery or the uttering, using or passing of
1-22 forged instruments; or
1-23 (D) indecency with a child under Section
1-24 21.11(a)(2), Penal Code;
2-1 (4) [(3)] seven years from the date of the commission
2-2 of the offense:
2-3 (A) misapplication of fiduciary property or
2-4 property of a financial institution; or
2-5 (B) securing execution of document by deception;
2-6 (5) [(4)] five years from the date of the commission
2-7 of the offense:
2-8 (A) theft, burglary, robbery; or
2-9 (B) arson;
2-10 [(C) sexual assault, except as provided in
2-11 Subsection (5) of this article;]
2-12 (6) [(5)] ten years from the 18th birthday of the
2-13 victim of 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 (7) [(6)] three years from the date of the commission
2-21 of the offense: all other felonies.
2-22 SECTION 2. This Act takes effect September 1, 1999. The
2-23 change in law made by this Act does not apply to an offense if the
2-24 prosecution of that offense became barred by the limitation before
2-25 the effective date of this Act. The prosecution of that offense
2-26 remains barred as if this Act had not taken effect.