By Jackson S.B. No. 328
77R2272 GWK-D
A BILL TO BE ENTITLED
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
2-1 disabled individual punishable as a felony of the first degree
2-2 under Section 22.04, Penal Code;
2-3 (3) seven years from the date of the commission of the
2-4 offense:
2-5 (A) misapplication of fiduciary property or
2-6 property of a financial institution;
2-7 (B) securing execution of document by deception;
2-8 or
2-9 (C) a violation under Sections 153.403(22)-(39),
2-10 Tax Code;
2-11 (4) five years from the date of the commission of the
2-12 offense:
2-13 (A) theft, burglary, robbery;
2-14 (B) arson; or
2-15 (C) sexual assault, except as provided in
2-16 Subsection (5) of this article;
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 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.