By:  Ellis                                                                S.B. No. 143



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of failure to report 
child abuse.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 261.109(b), Family Code, is amended to 
read as follows:  
	(b)  An offense under this section is a felony of the third 
degree [Class B misdemeanor].
	SECTION 2.  Article 12.01, Code of Criminal Procedure, as  
amended by Chapters 12, 1479, and 1482, Acts of the 77th 
Legislature, Regular Session, 2001, is reenacted and 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:                                                           
			(A)  murder and manslaughter; [or]                          
			(B)  sexual assault, if during the investigation 
of the offense biological matter is collected and subjected to 
forensic DNA testing and the testing results show that the matter 
does not match the victim or any other person whose identity is 
readily ascertained; or
			(C)  [, and] an offense involving leaving the 
scene of an accident under Section 550.021, Transportation Code, if 
the accident resulted in the death of a person;
		(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;
			(C)  forgery or the uttering, using or passing of 
forged instruments;      
			(D)  injury to a child, elderly individual, or 
disabled individual punishable as a felony of the first degree 
under Section 22.04, Penal Code; or
			(E)  sexual assault, except as provided by 
Subdivision (1) or (5);         
		(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; [or]                         
			(B)  arson;                                                                  
			(C)  kidnapping;                                                             
			(D)  injury to a child, elderly individual, or 
disabled individual that is not punishable as a felony of the first 
degree under Section 22.04, Penal Code; or
			(E)  abandoning or endangering a child;                                      
		(5)  ten years from the 18th birthday of the victim of 
the offense:         
			(A)  indecency with a child under Section 
21.11(a)(1) or (2), Penal Code; or
			(B)  except as provided by Subdivision (1), sexual 
assault under Section 22.011(a)(2), Penal Code, or aggravated 
sexual assault under Section 22.021(a)(1)(B), Penal Code;
		(6)  ten years from the 18th birthday of the child whose 
physical or mental health or welfare has been or may have been 
adversely affected by abuse or neglect: failure to report abuse or 
neglect under Section 261.109, Family Code; or
		(7) [(6)]  three years from the date of the commission 
of the offense:  all other felonies.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act to Section 261.109, 
Family Code, applies only to an offense committed on or after the 
effective date of this Act. An offense committed before the 
effective date of this Act is covered by the law in effect when the 
offense was committed, and the former law is continued in effect for 
that purpose.  For purposes of this section, an offense was 
committed before the effective date of this Act if any element of 
the offense occurred before that date.
	(c)  The change in law made by this Act to Article 12.01, Code 
of Criminal Procedure, 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.