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                                  * * * * *