HBA-LJP S.B. 214 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 214 By: Bernsen Criminal Jurisprudence 3/22/2001 Engrossed 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 and CODIS now provide for the possibility of linking the suspect to the offense after the five-year limit. Also, the current three-year statute of limitations for the injury to a child, the elderly, or the disabled may be a burden on the local district attorneys to prosecute these cases within such a time restriction. Senate Bill 214 increases the statute of limitations for sexual assault from 5 to 10 years and increases the statute of limitations for injury to a child, elderly individual, or disabled individual that is punishable as a felony, kidnapping, and abandoning or endangering a child from three years to five years from the date of the commission of the offense. 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 Senate Bill 214 amends the Code of Criminal Procedure to add injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under an assaultive offense to the list of felonies for which the statute of limitations on the presentation of the indictment is ten years from the date of the commission of the offense. The bill adds injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under an assaultive offense, kidnapping, and abandoning or endangering a child to the list of felonies for which the statute of limitations on the presentation of the indictment is five years from the date of the commission of the offense. The bill also increases 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.