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AN ACT
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relating to the statute of limitations for the offense of injury to |
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a child. |
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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 an [a child,] elderly [individual,] |
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or 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 an [a child,] elderly [individual,] |
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or disabled individual that is not punishable as a felony of the |
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first 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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(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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(C) injury to a child under Section 22.04, Penal |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 959 was passed by the House on April |
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4, 2007, by the following vote: Yeas 139, Nays 6, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 959 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |