By Wise H.B. No. 224
77R1905 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statute of limitations for purposes of prosecutions
1-3 of certain sexual offenses committed against children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 12.01, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 12.01. FELONIES. Except as provided in Article 12.03,
1-8 felony indictments may be presented within these limits, and not
1-9 afterward:
1-10 (1) no limitation: murder and manslaughter;
1-11 (2) ten years from the date of the commission of the
1-12 offense:
1-13 (A) theft of any estate, real, personal or
1-14 mixed, by an executor, administrator, guardian or trustee, with
1-15 intent to defraud any creditor, heir, legatee, ward, distributee,
1-16 beneficiary or settlor of a trust interested in such estate;
1-17 (B) theft by a public servant of government
1-18 property over which he exercises control in his official capacity;
1-19 or
1-20 (C) forgery or the uttering, using or passing of
1-21 forged instruments; [or]
1-22 [(D) indecency with a child under Section
1-23 21.11(a)(2), Penal Code;]
1-24 (3) seven years from the date of the commission of the
2-1 offense:
2-2 (A) misapplication of fiduciary property or
2-3 property of a financial institution;
2-4 (B) securing execution of document by deception;
2-5 or
2-6 (C) a violation under Sections
2-7 153.403(22)-(39), Tax Code;
2-8 (4) five years from the date of the commission of the
2-9 offense:
2-10 (A) theft, burglary, robbery;
2-11 (B) arson; or
2-12 (C) sexual assault, except as provided in
2-13 Subsection (5) of this article;
2-14 (5) ten years from the 16th [18th] birthday of the
2-15 victim of the offense:
2-16 (A) indecency with a child under Section
2-17 21.11(a)(1) or (2), Penal Code;
2-18 (B) sexual assault under Section 22.011(a)(2),
2-19 Penal Code; or
2-20 (C) aggravated sexual assault under Section
2-21 22.021(a)(1)(B), Penal Code; or
2-22 (6) three years from the date of the commission of the
2-23 offense: all other felonies.
2-24 SECTION 2. This Act takes effect September 1, 2001. The
2-25 change in law made by this Act does not apply to an offense if the
2-26 prosecution of that offense became barred by limitation before the
2-27 effective date of this Act. The prosecution of that offense
3-1 remains barred as if this Act had not taken effect.