1-1     By:  Jackson                                           S.B. No. 328
 1-2           (In the Senate - Filed January 19, 2001; January 22, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     February 5, 2001, reported favorably by the following vote:  Yeas
 1-5     5, Nays 0; February 5, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the statute of limitations for purposes of prosecuting
 1-9     certain offenses involving injury to a child, elderly individual,
1-10     or disabled individual.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Article 12.01, Code of Criminal Procedure, is
1-13     amended to read as follows:
1-14           Art. 12.01.  FELONIES.  Except as provided in Article 12.03,
1-15     felony indictments may be presented within these limits, and not
1-16     afterward:
1-17                 (1)  no limitation:  murder and manslaughter;
1-18                 (2)  ten years from the date of the commission of the
1-19     offense:
1-20                       (A)  theft of any estate, real, personal or
1-21     mixed, by an executor, administrator, guardian or trustee, with
1-22     intent to defraud any creditor, heir, legatee, ward, distributee,
1-23     beneficiary or settlor of a trust interested in such estate;
1-24                       (B)  theft by a public servant of government
1-25     property over which he exercises control in his official capacity;
1-26                       (C)  forgery or the uttering, using or passing of
1-27     forged instruments; [or]
1-28                       (D)  indecency with a child under Section
1-29     21.11(a)(2), Penal Code; or
1-30                       (E)  injury to a child, elderly individual, or
1-31     disabled individual punishable as a felony of the first degree
1-32     under Section 22.04, Penal Code;
1-33                 (3)  seven years from the date of the commission of the
1-34     offense:
1-35                       (A)  misapplication of fiduciary property or
1-36     property of a financial institution;
1-37                       (B)  securing execution of document by deception;
1-38     or
1-39                       (C)  a violation under Sections 153.403(22)-(39),
1-40     Tax Code;
1-41                 (4)  five years from the date of the commission of the
1-42     offense:
1-43                       (A)  theft, burglary, robbery;
1-44                       (B)  arson; or
1-45                       (C)  sexual assault, except as provided in
1-46     Subsection (5) of this article;
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 the limitation before
1-60     the effective date of this Act.  The prosecution of that offense
1-61     remains barred as if this Act had not taken effect.
1-62                                  * * * * *