By: Carona S.B. No. 410

(In the Senate - Filed January 6, 2009; February 17, 2009, read first time and referred to Committee on Criminal Justice; April 20, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 20, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 410 By: Hinojosa

A BILL TO BE ENTITLED

AN ACT

relating to the statute of limitations for a misdemeanor.

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) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

(b) A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

SECTION 2. The change in law made by Article 12.02, Code of Criminal Procedure, as amended 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, 2009.

* * * * *