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, and an
1-11     offense involving leaving the scene of an accident under Section
1-12     550.021, Transportation Code, if the accident resulted in the death
1-13     of a person;
1-14                 (2)  ten years from the date of the commission of the
1-15     offense:
1-16                       (A)  theft of any estate, real, personal or
1-17     mixed, by an executor, administrator, guardian or trustee, with
1-18     intent to defraud any creditor, heir, legatee, ward, distributee,
1-19     beneficiary or settlor of a trust interested in such estate;
1-20                       (B)  theft by a public servant of government
1-21     property over which he exercises control in his official capacity;
1-22                       (C)  forgery or the uttering, using or passing of
1-23     forged instruments; [or]
1-24                       (D)  injury to a child, elderly individual, or
1-25     disabled individual punishable as a felony of the first degree
 2-1     under Section 22.04, Penal Code; or
 2-2                       (E)  sexual assault, except as provided by
 2-3     Subdivision (5) [indecency with a child under Section 21.11(a)(2),
 2-4     Penal Code];
 2-5                 (3)  seven years from the date of the commission of the
 2-6     offense:
 2-7                       (A)  misapplication of fiduciary property or
 2-8     property of a financial institution;
 2-9                       (B)  securing execution of document by deception;
2-10     or
2-11                       (C)  a violation under Sections 153.403(22)-(39),
2-12     Tax Code;
2-13                 (4)  five years from the date of the commission of the
2-14     offense:
2-15                       (A)  theft, burglary, robbery;
2-16                       (B)  arson; [or]
2-17                       (C)  kidnapping [sexual assault, except as
2-18     provided in Subsection (5) of this article];
2-19                       (D)  injury to a child, elderly individual, or
2-20     disabled individual that is not punishable as a felony of the first
2-21     degree under Section 22.04, Penal Code; or
2-22                       (E)  abandoning or endangering a child;
2-23                 (5)  ten years from the 18th birthday of the victim of
2-24     the offense:
2-25                       (A)  indecency with a child under Section
2-26     21.11(a)(1) or (2), Penal Code;
 3-1                       (B)  sexual assault under Section 22.011(a)(2),
 3-2     Penal Code; or
 3-3                       (C)  aggravated sexual assault under Section
 3-4     22.021(a)(1)(B), Penal Code; or
 3-5                 (6)  three years from the date of the commission of the
 3-6     offense:  all other felonies.
 3-7           SECTION 2.  This Act takes effect September 1, 2001.  The
 3-8     change in law made by this Act does not apply to an offense if the
 3-9     prosecution of that offense became barred by limitation before the
3-10     effective date of this Act.  The prosecution of that offense
3-11     remains barred as if this Act had not taken effect.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 214 passed the Senate on
         February 20, 2001, by a viva-voce vote; and that the Senate
         concurred in House amendments on May 23, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 214 passed the House, with
         amendments, on May 17, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor