LIMITATION AND VENUE

CHAPTER TWELVE—LIMITATION

Art. 12.01. [177-180] [225-228] [215-218] Felonies

Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:

Text of subdiv. (1) as amended by Acts 2001, 77th Leg., ch. 12, § 1

(1) no limitation:

(A) murder and manslaughter; or

(B) 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;

Text of subdiv. (1) as amended by Acts 2001, 77th Leg., ch. 1479, § 1

(1) no limitation: murder, manslaughter, and 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;

Text of subdiv. (2)(D) as amended by Acts 2001, 77th Leg., ch. 12, § 1 and Acts 2001, 77th Leg., ch. 1482, § 1

(D) indecency with a child under Section 21.11(a)(2), Penal Code; or

Text of subdiv. (2)(D) as amended by Acts 2001, 77th Leg., ch. 1479, § 1

(D) injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code; or

(E) sexual assault, except as provided by Subdivision (1) or (5);

(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; or

(B) arson;

(C) kidnapping;

(D) 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

(E) abandoning or endangering a child;

(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;

(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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, § 2(B), eff. Jan. 1, 1974; Acts 1975, 64th Leg., p. 478, ch. 203, § 5, eff. Sept. 1, 1975.

Amended by Acts 1983, 68th Leg., p. 413, ch. 85, § 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5317, ch. 977, § 7, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 330, § 1, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 716, § 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 565, § 6, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 476, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 740, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 39, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1285, § 33, eff. Sept. 1, 2000; Acts 2001, 77th Leg., ch. 12, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1479, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1482, § 1, eff. Sept. 1, 2001.

Art. 12.02. [181] [229] [219] Misdemeanors

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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, § 2(B), eff. Jan. 1, 1974.

Art. 12.03. Aggravated offenses, attempt, conspiracy, solicitation, organized criminal activity

(a) The limitation period for criminal attempt is the same as that of the offense attempted.

(b) The limitation period for criminal conspiracy or organized criminal activity is the same as that of the most serious offense that is the object of the conspiracy or the organized criminal activity.

(c) The limitation period for criminal solicitation is the same as that of the felony solicited.

(d) Except as otherwise provided by this chapter, any offense that bears the title "aggravated" shall carry the same limitation period as the primary crime.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, § 2(B), eff. Jan. 1, 1974.

Amended by Acts 1987, 70th Leg., ch. 1133, § 1, eff. Sept. 1, 1987; Subsec. (d) amended by Acts 1997, 75th Leg., ch. 740, § 2, eff. Sept. 1, 1997.

Art. 12.04. [182] [230] [220] Computation

The day on which the offense was committed and the day on which the indictment or information is presented shall be excluded from the computation of time.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, § 2(B), eff. Jan. 1, 1974.

Art. 12.05. [183] [231] [221] Absence from State and time of pendency of indictment, etc., not computed

(a) The time during which the accused is absent from the state shall not be computed in the period of limitation.

(b) The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation.

(c) The term "during the pendency," as used herein, means that period of time beginning with the day the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction thereof, determined to be invalid for any reason.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, § 2(B), eff. Jan. 1, 1974.

Art. 12.06. [184] [232] [222] An indictment is "presented," when

An indictment is considered as "presented" when it has been duly acted upon by the grand jury and received by the court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, § 2(B), eff. Jan. 1, 1974.

Art. 12.07. [185] [233] [223] An information is "presented," when

An information is considered as "presented," when it has been filed by the proper officer in the proper court.