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.
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