1-1 By: Goolsby, Farabee, Hinojosa H.B. No. 656
1-2 (Senate Sponsor - Wentworth)
1-3 (In the Senate - Received from the House March 15, 2001;
1-4 March 19, 2001, read first time and referred to Committee on
1-5 Criminal Justice; March 26, 2001, reported favorably by the
1-6 following vote: Yeas 6, Nays 0; March 26, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the statute of limitations for purposes of prosecuting
1-10 certain felony sex offenses.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 12.01, Code of Criminal Procedure, is
1-13 amended to read as follows:
1-14 Art. 12.01. FELONIES. Except as provided in Article 12.03,
1-15 felony indictments may be presented within these limits, and not
1-16 afterward:
1-17 (1) no limitation:
1-18 (A) murder and manslaughter; or
1-19 (B) sexual assault, if during the investigation
1-20 of the offense biological matter is collected and subjected to
1-21 forensic DNA testing and the testing results show that the matter
1-22 does not match the victim or any other person whose identity is
1-23 readily ascertained;
1-24 (2) ten years from the date of the commission of the
1-25 offense:
1-26 (A) theft of any estate, real, personal or
1-27 mixed, by an executor, administrator, guardian or trustee, with
1-28 intent to defraud any creditor, heir, legatee, ward, distributee,
1-29 beneficiary or settlor of a trust interested in such estate;
1-30 (B) theft by a public servant of government
1-31 property over which he exercises control in his official capacity;
1-32 (C) forgery or the uttering, using or passing of
1-33 forged instruments; [or]
1-34 (D) indecency with a child under Section
1-35 21.11(a)(2), Penal Code; or
1-36 (E) sexual assault, except as provided by
1-37 Subdivision (1) or (5);
1-38 (3) seven years from the date of the commission of the
1-39 offense:
1-40 (A) misapplication of fiduciary property or
1-41 property of a financial institution;
1-42 (B) securing execution of document by deception;
1-43 or
1-44 (C) a violation under Sections 153.403(22)-(39),
1-45 Tax Code;
1-46 (4) five years from the date of the commission of the
1-47 offense:
1-48 (A) theft, burglary, robbery; or
1-49 (B) arson; [or]
1-50 [(C) sexual assault, except as provided in
1-51 Subsection (5) of this article;]
1-52 (5) ten years from the 18th birthday of the victim of
1-53 the offense:
1-54 (A) indecency with a child under Section
1-55 21.11(a)(1), Penal Code; or
1-56 (B) except as provided by Subdivision (1),
1-57 sexual assault under Section 22.011(a)(2), Penal Code,[;] or
1-58 [(C)] aggravated sexual assault under Section
1-59 22.021(a)(1)(B), Penal Code; or
1-60 (6) three years from the date of the commission of the
1-61 offense: all other felonies.
1-62 SECTION 2. This Act takes effect September 1, 2001. The
1-63 change in law made by this Act does not apply to an offense if the
1-64 prosecution of that offense became barred by the limitation before
2-1 the effective date of this Act. The prosecution of that offense
2-2 remains barred as if this Act had not taken effect.
2-3 * * * * *