By Goolsby, Farabee, Hinojosa H.B. No. 656
77R2671 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statute of limitations for purposes of prosecuting
1-3 certain felony sex offenses.
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:
1-11 (A) murder and manslaughter; or
1-12 (B) sexual assault, if during the investigation
1-13 of the offense biological matter is collected and subjected to
1-14 forensic DNA testing and the testing results show that the matter
1-15 does not match the victim or any other person whose identity is
1-16 readily ascertained;
1-17 (2) ten years from the date of the commission of the
1-18 offense:
1-19 (A) theft of any estate, real, personal or
1-20 mixed, by an executor, administrator, guardian or trustee, with
1-21 intent to defraud any creditor, heir, legatee, ward, distributee,
1-22 beneficiary or settlor of a trust interested in such estate;
1-23 (B) theft by a public servant of government
1-24 property over which he exercises control in his official capacity;
2-1 (C) forgery or the uttering, using or passing of
2-2 forged instruments; [or]
2-3 (D) indecency with a child under Section
2-4 21.11(a)(2), Penal Code; or
2-5 (E) sexual assault, except as provided by
2-6 Subdivision (1) or (5);
2-7 (3) seven years from the date of the commission of the
2-8 offense:
2-9 (A) misapplication of fiduciary property or
2-10 property of a financial institution;
2-11 (B) securing execution of document by deception;
2-12 or
2-13 (C) a violation under Sections 153.403(22)-(39),
2-14 Tax Code;
2-15 (4) five years from the date of the commission of the
2-16 offense:
2-17 (A) theft, burglary, robbery; or
2-18 (B) arson; [or]
2-19 [(C) sexual assault, except as provided in
2-20 Subsection (5) of this article;]
2-21 (5) ten years from the 18th birthday of the victim of
2-22 the offense:
2-23 (A) indecency with a child under Section
2-24 21.11(a)(1), Penal Code; or
2-25 (B) except as provided by Subdivision (1),
2-26 sexual assault under Section 22.011(a)(2), Penal Code,[;] or
2-27 [(C)] aggravated sexual assault under Section
3-1 22.021(a)(1)(B), Penal Code; or
3-2 (6) three years from the date of the commission of the
3-3 offense: all other felonies.
3-4 SECTION 2. This Act takes effect September 1, 2001. The
3-5 change in law made by this Act does not apply to an offense if the
3-6 prosecution of that offense became barred by the limitation before
3-7 the effective date of this Act. The prosecution of that offense
3-8 remains barred as if this Act had not taken effect.