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.