HBA-LJP H.B. 656 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 656
By: Goolsby
Criminal Jurisprudence
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Only a small percentage of sexual assaults are reported each year. In many
cases, the statute of limitations for a sexual assault expires before a
person reports the crime. Recent advancements in DNA technology have made
it possible to solve older cases of sexual offenses. House Bill 656
eliminates the limitation period of a felony indictment for a sexual
offense if during the investigation of the offense biological matter is
collected and subjected to forensic DNA testing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 656 amends the Code of Criminal Procedure to establish no time
limitation for a sexual assault felony indictment if during the
investigation of the offense biological matter is collected and subjected
to forensic DNA testing that shows that the matter did not match the victim
or any other person whose identity is readily ascertained.  For a sexual
assault not subject to the condition above, the bill establishes a ten-year
limitation period beginning on the date of the commission of the offense,
unless the victim of the sexual assault or aggravated sexual assault is a
child, in which case, the ten-year limitation period begins on the 18th
birthday of the victim of the offense. 

EFFECTIVE DATE

September 1, 2001.