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By:  Wise                                                         H.B. No. 66 



A BILL TO BE ENTITLED

AN ACT

relating to the statute of limitations for purposes of prosecutions 
of certain sexual offenses committed against children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Article 12.01, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 12.01.  FELONIES.  Except as provided in Article 12.03, 
felony indictments may be presented within these limits, and not 
afterward:
		(1)  no limitation:  murder and manslaughter;                                 
		(2)  ten years from the date of the commission of the 
offense:              
			(A)  theft of any estate, real, personal or mixed, 
by an executor, administrator, guardian or trustee, with intent to 
defraud any creditor, heir, legatee, ward, distributee, 
beneficiary or settlor of a trust interested in such estate;
			(B)  theft by a public servant of government 
property over which he exercises control in his official capacity; 
or
			(C)  forgery or the uttering, using or passing of 
forged instruments; [or
			[(D)  indecency with a child under Section 
21.11(a)(2), Penal Code;]
		(3)  seven years from the date of the commission of the 
offense:            
			(A)  misapplication of fiduciary property or 
property of a financial institution;
			(B)  securing execution of document by deception; 
or                       
			(C)  a violation under  Sections 
153.403(22)-(39), Tax Code;               
		(4)  five years from the date of the commission of the 
offense:             
			(A)  theft, burglary, robbery;                                               
			(B)  arson; or                                                               
			(C)  sexual assault, except as provided in 
Subsection (5) of this article; 
		(5)  ten years from the 16th [18th] birthday of the 
victim of the offense:
			(A)  indecency with a child under Section 
21.11(a)(1) or (2), Penal Code;
			(B)  sexual assault under Section 22.011(a)(2), 
Penal Code; or             
			(C)  aggravated sexual assault under Section 
22.021(a)(1)(B), Penal Code; or
		(6)  three years from the date of the commission of the 
offense:  all other felonies.
	SECTION 2.   This Act takes effect September 1, 2003.  The 
change in law made by this Act does not apply to an offense if the 
prosecution of that offense became barred by limitation before the 
effective date of this Act.  The prosecution of that offense remains 
barred as if this Act had not taken effect.