Chapter 12: Limitations on Felonies

Article 12.01: Felonies

  • Indictment Presentation Limits:

    • Felony indictments must be presented within defined limits:

      1. No Limitations for:

      • Murder and Manslaughter

      • Sexual Assaults:

        • Under Section 22.011(a)(2) and aggravated sexual assault under Section 22.021(a)(1)(B) of the Penal Code.

        • For cases where biological matter is collected during the investigation that is either pending forensic DNA testing or whose results do not match any known victim or individual.

        • If probable cause exists regarding multiple victims (5 or more associated offenses).

      • Continuous Sexual Abuse of a minor or disabled individual under Section 21.02.

      • Indecency with a Child under Section 21.11.

      • Leaving the scene of a collision resulting in death under Section 550.021.

      • Trafficking of Persons under Section 20A.02(a)(7) or (8).

      • Tampering with Physical Evidence related to a homicide case.

      • Interference with Child Custody, Burglary with specific intents, etc.

Presentation of Indictments and Discovery of Offenses

  • Article 12.02: Misdemeanors

    • Misdemeanor charging instruments must be presented within two years:

      • Includes Class A, B, and Class C misdemeanors.

      • Assaults with a relational context may be presented within three years if specific conditions apply.

Special Circumstances and Period Extensions

  • Article 12.05: Absence from State

    • Time when the accused is absent from the state, or when an indictment is pending, does not count against the limitation period.

Key Amendments and Legislation

  • The article has been amended various times, notably during the 88th Legislative session in 2023, impacting statutes related to multiple offenses, particularly those involving serious crimes against vulnerable or minor victims, and establishing additional contexts and situations altering the limitation periods.

Concluding Remarks

  • The document outlines strict limitations on the prosecution of felonies and misdemeanors while also detailing the nuances of timeframes and conditions under which such statutory periods may be extended or suspended due to special circumstances.