79R3403 UM-D

By:  Ellis                                                        S.B. No. 1019



A BILL TO BE ENTITLED

AN ACT

relating to the elimination of the statute of limitations for 
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:                                                           
			(A)  murder and manslaughter;                                                
			(B)  sexual assault under Section 22.011(a)(2), 
Penal Code, or aggravated sexual assault under Section 
22.021(a)(1)(B), Penal Code;
			(C)  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;
			(D)  indecency with a child under Section 
21.11(a)(1) or (2), Penal Code; or
			(E) [(C)]  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;
			(E)  sexual assault, except as provided by 
Subdivision (1) [or (5)]; or
			(F)  arson;                                                                  
		(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)  kidnapping;                                                             
			(C)  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
			(D)  abandoning or endangering a child; or                            
		(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; or
		[(6)]  three years from the date of the commission of 
the offense:  all other felonies.
	SECTION 2.  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.
	SECTION 3.  This Act takes effect September 1, 2005.