81R3017 KEL-D
By: Carona S.B. No. 410
A BILL TO BE ENTITLED
AN ACT
relating to the statute of limitations for misdemeanors.
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. An indictment, [or]
information, or complaint for any misdemeanor may be presented
within two years from the date of the commission of the offense, and
not afterward.
SECTION 2. Chapter 12, Code of Criminal Procedure, is
amended by adding Article 12.08 to read as follows:
Art. 12.08. A COMPLAINT IS "PRESENTED," WHEN. A complaint
is considered as "presented" when it has been filed by the proper
officer in the proper court.
SECTION 3. 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 4. This Act takes effect September 1, 2009.