2005 Texas Code of Criminal Procedure CHAPTER 12. LIMITATION

CODE OF CRIMINAL PROCEDURE

CHAPTER 12. LIMITATION


	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, 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;  or
	(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 162.403(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;
	(D)  abandoning or endangering a child;  or                                    
	(E)  insurance fraud;                                                          
	(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.

Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. 
Jan. 1, 1974;  Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 5, eff. 
Sept. 1, 1975;  Acts 1983, 68th Leg., p. 413, ch. 85, Sec. 1, eff. 
Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff. 
Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 330, Sec. 1, eff. Aug. 26, 
1985;  Acts 1987, 70th Leg., ch. 716, Sec. 1, eff. Sept. 1, 1987;  
Acts 1991, 72nd Leg., ch. 565, Sec. 6, eff. Sept. 1, 1991;  Acts 
1995, 74th Leg., ch. 476, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 
75th Leg., ch. 740, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th 
Leg., ch. 39, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 
1285, Sec. 33, eff. Sept. 1, 2000;  Acts 2001, 77th Leg., ch. 12, 
Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1479, Sec. 1, 
eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1482, Sec. 1, eff. 
Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 371, Sec. 6, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 5.001, eff. Sept. 1, 
2003.

Amended by Acts 2005, 79th Leg., ch. 1162, Sec. 6, eff. Sept. 1, 
2005.      


	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.

Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 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.

Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. 
Jan. 1, 1974;  Acts 1987, 70th Leg., ch. 1133, Sec. 1, eff. Sept. 1, 
1987;  Acts 1997, 75th Leg., ch. 740, Sec. 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.

Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 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.

Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 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.

Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 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.

Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. 
Jan. 1, 1974.