Thank you. I have ordered the Lexis-Nexis CD, which will have EVERYTHING, but I have no idea when it will arrive.srothstein wrote:TXI, I do not have the bill number, but there were several changes. The new offense of continued sexual abuse of a young child and some of the other sexual assault of minors have varying limits from 10 years after the 18th birthday to never. I noticed that there were other changes in the list, but do not have them handy.
I am out of town right now, but will send you a list of the changes (or a copy of the new section from Lexis-Nexis) when i get back into my office.
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Return to “A new question...another aspect of "Did you commit a cr”
- Mon Oct 22, 2007 10:30 am
- Forum: General Texas CHL Discussion
- Topic: A new question...another aspect of "Did you commit a cr
- Replies: 12
- Views: 2115
- Sun Oct 21, 2007 11:09 am
- Forum: General Texas CHL Discussion
- Topic: A new question...another aspect of "Did you commit a cr
- Replies: 12
- Views: 2115
I quoted and linked to the '05 legislative sessions laws as on the Legislature website. Were there changes this session? If so, do you have a bill number? I am trying to keep a file of changed laws to reference, as the online site will not be changed until Feb.srothstein wrote:TXI answered the part I wanted to, but he gave slightly out of date information. Some of the limitations have changed, and there are a few new crimes with no limit. But that is a minor side point.
- Sat Oct 20, 2007 3:04 pm
- Forum: General Texas CHL Discussion
- Topic: A new question...another aspect of "Did you commit a cr
- Replies: 12
- Views: 2115
That is incorrect;Moonpie wrote:This may be incorrect information but I heard that there is NO statue of limitations on ANY crime.
If the present day DA thinks he has enough evidence he can take you to court for crimes committed decades before.
For misdemeanors the Statute of limitation is 2 years. For felonies it varies. Here are the felonies with no limit; Code of Criminal Procedure 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;
Here is a link to all of it; http://tlo2.tlc.state.tx.us/statutes/do ... m#12.01.00
- Sat Oct 20, 2007 11:14 am
- Forum: General Texas CHL Discussion
- Topic: A new question...another aspect of "Did you commit a cr
- Replies: 12
- Views: 2115
Re: A new question...another aspect of "Did you commit
The legal answer is that there is no statute of limitations for murder, and a no-bill does not effect double jeopardy. So yes, a DA could wait for the new GJ to sit, discover new evidence and re-present it to the original GJ, or wait ten years.TX_Jim wrote:Original post: http://texasshooting.com/TexasCHL_Forum ... 16&start=0
Let’s assume that everything occurred as stated in the original post. And let’s assume that the DA chose not to prosecute. What happens next? I assume (and I guess this is a part of my questions) that the county coroner did an autopsy; does the autopsy list the manner of death as a homicide? If so, does that mean it is an unsolved murder (or at least can be construed as an unsolved murder)? Because murder has no statute of limitations, is it possible for a new DA to come into office…say ten…years latter and decide to do some grand jury shopping and attempt to prosecute the case? I guess I am asking that in an incident as described in the original post…how long will the shooter have to look over their shoulder for possible prosecution?
You know….ten years is a long time…witnesses forget details…or may no longer be alive and etc. It could change what a jury might hear and make self-defense harder to prove.