1-1 By: Bernsen S.B. No. 214
1-2 (In the Senate - Filed January 10, 2001; January 16, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 13, 2001, reported favorably by the following vote: Yeas
1-5 5, Nays 0; February 13, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the statute of limitations for the presentation of
1-9 certain felony indictments.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 12.01, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 12.01. FELONIES. Except as provided in Article 12.03,
1-14 felony indictments may be presented within these limits, and not
1-15 afterward:
1-16 (1) no limitation: murder and manslaughter;
1-17 (2) ten years from the date of the commission of the
1-18 offense:
1-19 (A) theft of any estate, real, personal or
1-20 mixed, by an executor, administrator, guardian or trustee, with
1-21 intent to defraud any creditor, heir, legatee, ward, distributee,
1-22 beneficiary or settlor of a trust interested in such estate;
1-23 (B) theft by a public servant of government
1-24 property over which he exercises control in his official capacity;
1-25 (C) forgery or the uttering, using or passing of
1-26 forged instruments; or
1-27 (D) indecency with a child under Section
1-28 21.11(a)(2), Penal Code;
1-29 (3) seven years from the date of the commission of the
1-30 offense:
1-31 (A) misapplication of fiduciary property or
1-32 property of a financial institution;
1-33 (B) securing execution of document by deception;
1-34 or
1-35 (C) a violation under Sections 153.403(22)-(39),
1-36 Tax Code;
1-37 (4) five years from the date of the commission of the
1-38 offense:
1-39 (A) theft, burglary, robbery;
1-40 (B) arson; [or]
1-41 (C) sexual assault, except as provided in
1-42 Subsection (5) of this article;
1-43 (D) kidnapping;
1-44 (E) injury to a child, elderly individual, or
1-45 disabled individual; or
1-46 (F) abandoning or endangering a child;
1-47 (5) ten years from the 18th birthday of the victim of
1-48 the offense:
1-49 (A) indecency with a child under Section
1-50 21.11(a)(1), Penal Code;
1-51 (B) sexual assault under Section 22.011(a)(2),
1-52 Penal Code; or
1-53 (C) aggravated sexual assault under Section
1-54 22.021(a)(1)(B), Penal Code; or
1-55 (6) three years from the date of the commission of the
1-56 offense: all other felonies.
1-57 SECTION 2. This Act takes effect September 1, 2001. The
1-58 change in law made by this Act does not apply to an offense if the
1-59 prosecution of that offense became barred by limitation before the
1-60 effective date of this Act. The prosecution of that offense
1-61 remains barred as if this Act had not taken effect.
1-62 * * * * *