By:  Ellis, Williams                                              S.B. No. 143
	(In the Senate - Filed November 26, 2002; January 29, 2003, 
read first time and referred to Committee on Criminal Justice; 
April 29, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 6, Nays 0; April 29, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 143                                    By:  Ellis


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.  Article 12.02, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 12.02.  MISDEMEANORS.  (a)  Except as provided by 
Subsection (b), an [An] indictment or information for any 
misdemeanor may be presented within two years from the date of the 
commission of the offense, and not afterward.
	(b)  An indictment or information for failure to report abuse 
or neglect under Section 261.109, Family Code, may be presented 
within 10 years from the 18th birthday, and not afterward, of the 
child whose physical or mental health or welfare has been or may 
have been adversely affected by abuse or neglect constituting an 
offense under:
		(1)  indecency with a child under Section 21.11 (a)(1) 
or (2), Penal Code;
		(2)  sexual assault under Section 22.011(a)(2), Penal 
Code; or       
		(3)  aggravated sexual assault under Section 
22.021(a)(1)(B), Penal Code.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act to Article 12.02, 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.



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