SRC-JBJ S.B. 214 77(R)BILL ANALYSIS


Senate Research CenterS.B. 214
By: Bernsen
Jurisprudence
6/12/2001
Enrolled


DIGEST AND PURPOSE 

Under Texas law, the statute of limitations on kidnapping, injury to a
child, elderly, or disabled individual, or abandoning or endangering a
child is three years, a term which can cause an undue and unnecessary
burden on local district attorneys in solving such cases.  S.B. 214 amends
the statute of limitations for certain felony offenses. 

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
felony indictments for the commission of the offenses of murder,
manslaughter, and an offense involving leaving the scene of an accident
under Section 550.021, Transportation Code, if the accident resulted in the
death of a person, to be presented within no limitation of time from the
date of the commission of the offense. Authorizes felony indictments for
the commission of the offense of injury to a child, elderly individual or
disabled individual punishable as a felony of the first degree under
Section 22.04, or sexual assault, except as provided by Subdivision (5), to
be presented within ten years from the date of the commission of the
offense, and not afterwards.  Deletes existing text regarding certain
indecency with a child offenses.  Authorizes felony indictments for the
commission of the offense of kidnapping, injury to a child, elderly
individual, or disabled individual that is not punishable as a felony of
the first degree under Section 22.04, Penal Code, or abandoning or
endangering a child to be presented within five years from the date of the
commission of the offense, and not afterwards.  Deletes existing text
regarding certain sexual assault offenses.  Authorizes felony indictments
for the commission of the offense of indecency with a child under Section
21.11(a)(1) or (2), Penal Code, to be presented within ten years from the
18th birthday of the victim of the offense, and not afterwards.  Makes a
nonsubstantive change. 
        
SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.