HBA-LJP S.B. 214 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 214
By: Bernsen
Criminal Jurisprudence
3/22/2001
Engrossed



BACKGROUND AND PURPOSE 

CODIS, the Combined DNA Index System, is an electronic database of DNA
profiles that can identify suspects.  Every state in the nation is in the
process of implementing a DNA index of individuals convicted of certain
crimes, such as sexual assault, murder, and child abuse.  Law enforcement
officers now have the ability to identify possible suspects when no prior
suspect existed. Under current law, the statute of limitations for sexual
assault is five years.  DNA technology and CODIS now provide for the
possibility of linking the suspect to the offense after the five-year
limit.  Also, the current three-year statute of limitations for the injury
to a child, the elderly, or the disabled may be a burden on the local
district attorneys to prosecute these cases within such a time restriction.
Senate Bill 214 increases the statute of limitations for sexual assault
from 5 to 10 years and increases the statute of limitations for injury to a
child, elderly individual, or disabled individual that is punishable as a
felony, kidnapping, and abandoning or endangering a child from three years
to five years from the date of the commission of the offense. 

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

Senate Bill 214 amends the Code of Criminal Procedure to add injury to a
child, elderly individual, or disabled individual punishable as a felony of
the first degree under an assaultive offense to the list of felonies for
which the statute of limitations on the presentation of the indictment is
ten years from the date of the commission of the offense.  The bill adds
injury to a child, elderly individual, or disabled individual that is not
punishable as a felony of the first degree under an assaultive offense,
kidnapping, and abandoning or endangering a child to the list of felonies
for which the statute of limitations on the presentation of the indictment
is five years from the date of the commission of the offense. 

The bill also increases the statute of limitations on presenting a felony
indictment for sexual assault from five years to 10 years from the date of
the commission of the offense.  If the victim is a person younger than 17
years of age who is not the spouse of the actor, the limitations on
presenting the indictment remain 10 years from the victim's 18th birthday. 

EFFECTIVE DATE

September 1, 2001.