SRC-BWC, JEC S.B. 117 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 117
77R963 PEP-DBy: Wentworth
Criminal Justice
1/25/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law provides for a five-year statute of limitations for
the offense of sexual assault. Because of the development of evidentiary
techniques such as DNA testing, prosecutors may develop leads several years
after a sexual assault has been committed.  As proposed, S.B. 117 would
extend the limitations period for sexual assault from five to 15 years.  In
cases involving a juvenile victim, the 15-year period would begin to run
from the victim's 18th birthday.  The 15-year limitations period would
allow police departments and prosecutors the opportunity to use DNA
evidence to address previously unsolved cases. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 12.01, Code of Criminal Procedure, to authorize a
felony indictment presentation within 15 years from the date of the
commission of the offense of sexual assault, and not afterward, except as
provided in Subdivision (6), or as provided in Article 12.03.  Makes
conforming and nonsubstantive changes. 

SECTION 2. Effective date: September 1, 2001.
          Makes application of this Act prospective.