By Staples                                             S.B. No. 436
         77R4522 ATP-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 felony sex offenses.
 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:
1-11                       (A)  murder;
1-12                       (B)  [and] manslaughter;
1-13                       (C)  sexual assault;
1-14                       (D)  aggravated sexual assault; or
1-15                       (E)  indecency with a child under Section
1-16     21.11(a)(1), Penal Code;
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;
 2-1     or
 2-2                       (C)  forgery or the uttering, using or passing of
 2-3     forged instruments; [or]
 2-4                       [(D)  indecency with a child under Section
 2-5     21.11(a)(2), Penal Code;]
 2-6                 (3)  seven years from the date of the commission of the
 2-7     offense:
 2-8                       (A)  misapplication of fiduciary property or
 2-9     property of a financial institution;
2-10                       (B)  securing execution of document by deception;
2-11     or
2-12                       (C)  a violation under Sections 153.403(22)-(39),
2-13     Tax Code;
2-14                 (4)  five years from the date of the commission of the
2-15     offense:
2-16                       (A)  theft, burglary, robbery; or
2-17                       (B)  arson; [or]
2-18                       [(C)  sexual assault, except as provided in
2-19     Subsection (5) of this article;]
2-20                 (5)  ten years from the 18th birthday of the victim of
2-21     the offense:  indecency with a child under Section 21.11(a)(2),
2-22     Penal Code;
2-23                       [(A)  indecency with a child under Section
2-24     21.11(a)(1), Penal Code;]
2-25                       [(B)  sexual assault under Section 22.011(a)(2),
2-26     Penal Code; or]
2-27                       [(C)  aggravated sexual assault under Section
 3-1     22.021(a)(1)(B), Penal Code;] or
 3-2                 (6)  three years from the date of the commission of the
 3-3     offense:  all other felonies.
 3-4           SECTION 2. This Act takes effect September 1, 2001.  The
 3-5     change in law made by this Act does not apply to an offense if the
 3-6     prosecution of that offense became barred by limitation before the
 3-7     effective date of this Act.  The prosecution of that offense
 3-8     remains barred as if this Act had not taken effect.