1-1 By: Wentworth S.B. No. 1275
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 3, 1999, reported favorably, as amended, by the following vote:
1-5 Yeas 7, Nays 0; May 3, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-7 Amend S.B. No. 1275 in SECTION 1, amending Article 12.01(6),
1-8 by striking "ten" and inserting "fifteen" in lieu thereof.
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the statute of limitations for purposes of prosecuting
1-12 certain felony sex offenses.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article 12.01, Code of Criminal Procedure, is
1-15 amended to read as follows:
1-16 Art. 12.01. FELONIES. Except as provided in Article 12.03,
1-17 felony indictments may be presented within these limits, and not
1-18 afterward:
1-19 (1) no limitation: murder and manslaughter;
1-20 (2) 15 years from the date of the commission of the
1-21 offense: sexual assault, except as provided in Subdivision (6);
1-22 (3) ten years from the date of the commission of the
1-23 offense:
1-24 (A) theft of any estate, real, personal or
1-25 mixed, by an executor, administrator, guardian or trustee, with
1-26 intent to defraud any creditor, heir, legatee, ward, distributee,
1-27 beneficiary or settlor of a trust interested in such estate;
1-28 (B) theft by a public servant of government
1-29 property over which he exercises control in his official capacity;
1-30 (C) forgery or the uttering, using or passing of
1-31 forged instruments; or
1-32 (D) indecency with a child under Section
1-33 21.11(a)(2), Penal Code;
1-34 (4) [(3)] seven years from the date of the commission
1-35 of the offense:
1-36 (A) misapplication of fiduciary property or
1-37 property of a financial institution; or
1-38 (B) securing execution of document by deception;
1-39 (5) [(4)] five years from the date of the commission
1-40 of the offense:
1-41 (A) theft, burglary, robbery; or
1-42 (B) arson;
1-43 (6) [(C) sexual assault, except as provided in
1-44 Subsection (5) of this article;]
1-45 [(5)] ten years from the 18th birthday of the victim
1-46 of the offense:
1-47 (A) indecency with a child under Section
1-48 21.11(a)(1), Penal Code;
1-49 (B) sexual assault under Section 22.011(a)(2),
1-50 Penal Code; or
1-51 (C) aggravated sexual assault under Section
1-52 22.021(a)(1)(B), Penal Code; or
1-53 (7) [(6)] three years from the date of the commission
1-54 of the offense: all other felonies.
1-55 SECTION 2. This Act takes effect September 1, 1999. The
1-56 change in law made by this Act does not apply to an offense if the
1-57 prosecution of that offense became barred by the limitation before
1-58 the effective date of this Act. The prosecution of that offense
1-59 remains barred as if this Act had not taken effect.
1-60 * * * * *