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