By Williams                                            H.B. No. 851
         77R2380 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the statute of limitations for the presentation of
 1-3     certain felony indictments.
 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                       (C)  forgery or the uttering, using or passing of
1-20     forged instruments; or
1-21                       (D)  indecency with a child under Section
1-22     21.11(a)(2), Penal Code;
1-23                 (3)  seven years from the date of the commission of the
1-24     offense:
 2-1                       (A)  misapplication of fiduciary property or
 2-2     property of a financial institution;
 2-3                       (B)  securing execution of document by deception;
 2-4     or
 2-5                       (C)  a violation under Sections 153.403(22)-(39),
 2-6     Tax Code;
 2-7                 (4)  five years from the date of the commission of the
 2-8     offense:
 2-9                       (A)  theft, burglary, robbery;
2-10                       (B)  arson; [or]
2-11                       (C)  sexual assault, except as provided in
2-12     Subsection (5) of this article;
2-13                       (D)  kidnapping;
2-14                       (E)  injury to a child, elderly individual, or
2-15     disabled individual; or
2-16                       (F)  abandoning or endangering a child;
2-17                 (5)  ten years from the 18th birthday of the victim of
2-18     the offense:
2-19                       (A)  indecency with a child under Section
2-20     21.11(a)(1), Penal Code;
2-21                       (B)  sexual assault under Section 22.011(a)(2),
2-22     Penal Code; or
2-23                       (C)  aggravated sexual assault under Section
2-24     22.021(a)(1)(B), Penal Code; or
2-25                 (6)  three years from the date of the commission of the
2-26     offense:  all other felonies.
2-27           SECTION 2.  This Act takes effect September 1, 2001.  The
 3-1     change in law made by this Act does not apply to an offense if the
 3-2     prosecution of that offense became barred by limitation before the
 3-3     effective date of this Act.  The prosecution of that offense
 3-4     remains barred as if this Act had not taken effect.