HBA-AMW H.B. 138 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 138
By: Goolsby
Criminal Jurisprudence
1/31/2001
Introduced



BACKGROUND AND PURPOSE 

CODIS, the Combined DNA Index System, is an electronic database of DNA
profiles that can identify suspects. Every state in the nation is in the
process of implementing a DNA index of individuals convicted of certain
crimes, such as sexual assault, murder, and child abuse. Law enforcement
officers now have the ability to identify possible suspects when no prior
suspect existed. Under current law, the statute of limitations for sexual
assault is five years. DNA technology provides the possibility of linking
the suspect to the offense after the five-year limit. House Bill 138
increases the statute of limitations on sexual assault from five years to
10 years.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 138 amends the Code of Criminal Procedure to increase the
statute of limitations on presenting a felony indictment for sexual assault
from five years to 10 years from the date of the commission of the offense.
If the victim is a person younger than 17 years of age who is not the
spouse of the actor, the limitations on presenting the indictment remain 10
years from the victim's 18th birthday.     

EFFECTIVE DATE

September 1, 2001.