1-1                                   AN ACT
 1-2     relating to the statute of limitations for purposes of prosecuting
 1-3     certain offenses involving injury to a child, elderly individual,
 1-4     or disabled individual.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 12.01, Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8           Art. 12.01.  FELONIES.  Except as provided in Article 12.03,
 1-9     felony indictments may be presented within these limits, and not
1-10     afterward:
1-11                 (1)  no limitation:  murder and manslaughter;
1-12                 (2)  ten years from the date of the commission of the
1-13     offense:
1-14                       (A)  theft of any estate, real, personal or
1-15     mixed, by an executor, administrator, guardian or trustee, with
1-16     intent to defraud any creditor, heir, legatee, ward, distributee,
1-17     beneficiary or settlor of a trust interested in such estate;
1-18                       (B)  theft by a public servant of government
1-19     property over which he exercises control in his official capacity;
1-20                       (C)  forgery or the uttering, using or passing of
1-21     forged instruments; [or]
1-22                       (D)  indecency with a child under Section
1-23     21.11(a)(2), Penal Code; or
1-24                       (E)  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;
 2-2                 (3)  seven years from the date of the commission of the
 2-3     offense:
 2-4                       (A)  misapplication of fiduciary property or
 2-5     property of a financial institution;
 2-6                       (B)  securing execution of document by deception;
 2-7     or
 2-8                       (C)  a violation under Sections 153.403(22)-(39),
 2-9     Tax Code;
2-10                 (4)  five years from the date of the commission of the
2-11     offense:
2-12                       (A)  theft, burglary, robbery;
2-13                       (B)  arson; or
2-14                       (C)  sexual assault, except as provided in
2-15     Subsection (5) of this article;
2-16                 (5)  ten years from the 18th birthday of the victim of
2-17     the offense:
2-18                       (A)  indecency with a child under Section
2-19     21.11(a)(1), Penal Code;
2-20                       (B)  sexual assault under Section 22.011(a)(2),
2-21     Penal Code; or
2-22                       (C)  aggravated sexual assault under Section
2-23     22.021(a)(1)(B), Penal Code; or
2-24                 (6)  three years from the date of the commission of the
2-25     offense:  all other felonies.
2-26           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 the limitation before
 3-3     the effective date of this Act.  The prosecution of that offense
 3-4     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. 328 passed the Senate on
         February 8, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 328 passed the House on
         May 17, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor