H.B. 182 78(R)    BILL ANALYSIS


H.B. 182
By: Callegari
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the Texas Code of Criminal Procedure provides a statute of
limitations for bringing an indictment for felony arson of five years from
the date of the commission of the offense.  Federal law, however, provides
for a 10-year statute of limitations.  (See Section 3295 of Title 18,
United States Code, which was enacted on April 24, 1996, which provides
for a 10 year statute of limitations.)  If investigators uncover evidence
after the state's five-year statute of limitations, the crime cannot be
prosecuted in state court.  House Bill 182 makes the state statute of
limitations consistent with the federal statute of limitations. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 182 amends the Code of Criminal Procedure to increase the
statute of limitation for arson offenses from five years to ten. 

EFFECTIVE DATE

September 1, 2003.