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A BILL TO BE ENTITLED
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AN ACT
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relating to the statute of limitations for the offenses of credit |
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card or debit card abuse and fraudulent use or possession of |
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identifying information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 12.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault, if during the investigation |
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of the offense biological matter is collected and subjected to |
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forensic DNA testing and the testing results show that the matter |
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does not match the victim or any other person whose identity is |
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readily ascertained; or |
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(C) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which he exercises control in his official capacity; |
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(C) forgery or the uttering, using or passing of |
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forged instruments; |
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(D) injury to a child, elderly individual, or |
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disabled individual punishable as a felony of the first degree |
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under Section 22.04, Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1) or (5); or |
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(F) arson; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) securing execution of document by deception; |
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or |
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(C) a violation under Sections 162.403(22)-(39), |
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Tax Code; |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft, burglary, robbery; |
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(B) kidnapping; |
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(C) injury to a child, elderly individual, or |
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disabled individual that is not punishable as a felony of the first |
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degree under Section 22.04, Penal Code; |
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(D) abandoning or endangering a child; [or] |
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(E) insurance fraud; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; or |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; |
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(5) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) indecency with a child under Section |
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21.11(a)(1) or (2), Penal Code; or |
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(B) except as provided by Subdivision (1), sexual |
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assault under Section 22.011(a)(2), Penal Code, or aggravated |
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sexual assault under Section 22.021(a)(1)(B), Penal Code; or |
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(6) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 2. The change in law made by this Act to Article |
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12.01, Code of Criminal Procedure, does not apply to an offense if |
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the prosecution of that offense became barred by limitation before |
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the effective date of this Act. The prosecution of that offense |
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remains barred as if this Act had not taken effect. |
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SECTION 3. This Act takes effect September 1, 2007. |