By: Wolens H.B. No. 214
73R1921 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of and punishment for barratry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 38.12, Penal Code, is amended to read as
1-5 follows:
1-6 Sec. 38.12. Barratry. (a) A person commits an offense if,
1-7 with intent to obtain an economic benefit for himself, he:
1-8 (1) institutes any suit or claim in which he knows he
1-9 has no interest;
1-10 (2) institutes any suit or claim that he knows is
1-11 false;
1-12 (3) either in person or by telephone solicits
1-13 employment for himself or another to prosecute or defend a suit or
1-14 to collect a claim; <or>
1-15 (4) procures another to solicit for him or another
1-16 employment to prosecute or defend a suit or to collect a claim; or
1-17 (5) pays or gives another money or anything of value
1-18 for providing him or another person with employment to prosecute or
1-19 defend a suit or to collect a claim.
1-20 (b) A person commits an offense if he:
1-21 (1) knowingly:
1-22 (A) expends funds the person knows or believes
1-23 are derived from the commission of an offense under Subsection (a)
1-24 of this section; or
2-1 (B) finances or invests funds the person knows
2-2 or believes are intended to further the commission of an offense
2-3 under Subsection (a) of this section; or
2-4 (2) negligently:
2-5 (A) expends funds the person in the exercise of
2-6 reasonable care should know or should believe are derived from the
2-7 commission of an offense under Subsection (a) of this section; or
2-8 (B) finances or invests funds the person in the
2-9 exercise of reasonable care should know or should believe are
2-10 intended to further the commission of an offense under Subsection
2-11 (a) of this section.
2-12 (c) Intent to obtain an economic benefit is presumed if the
2-13 person accepts employment for a fee, accepts a fee, or accepts or
2-14 agrees to accept money or any economic benefit.
2-15 (d) <(c)> Except as provided by Subsections (e), (f), and
2-16 (g) <Subsection (d)> of this section, an offense under <Subsection
2-17 (a) of> this section is a Class A misdemeanor.
2-18 (e) <(d)> An offense under Subsection (a)(3), <or> (a)(4),
2-19 or (a)(5) of this section is a felony of the third degree if it is
2-20 shown on the trial of the offense that:
2-21 (1) the defendant has previously been convicted under
2-22 Subsection (a)(3), <or> (a)(4), or (a)(5) of this section; or <and>
2-23 (2) the solicitation, payment, or giving occurs or is
2-24 performed in whole or in part:
2-25 (A) in a hospital, funeral establishment, or
2-26 public or private cemetery or at the scene of an accident or
2-27 injury;
3-1 (B) by using a person who is an employee of:
3-2 (i) this state;
3-3 (ii) a political subdivision of this
3-4 state, including a county, municipality, or special purpose
3-5 district or authority; or
3-6 (iii) a hospital or funeral establishment;
3-7 or
3-8 (C) by impersonating a clergyman, public
3-9 employee, peace officer, or emergency assistance worker or
3-10 volunteer.
3-11 (f) An offense under Subsection (b) of this section is a
3-12 felony of the third degree if it is shown on the trial of the
3-13 offense that the defendant has previously been convicted under
3-14 Subsection (b) of this section.
3-15 (g) An offense under Subsection (b)(1) of this section is a
3-16 felony of the third degree if it is shown on the trial of the
3-17 offense that:
3-18 (1) the underlying offense under Subsection (a) of
3-19 this section is described by Subsection (a)(3), (a)(4), or (a)(5);
3-20 and
3-21 (2) the solicitation, payment, or giving occurs or is
3-22 performed in whole or in part:
3-23 (A) in a hospital, funeral establishment, or
3-24 public or private cemetery or at the scene of an accident or
3-25 injury;
3-26 (B) by using a person who is an employee of:
3-27 (i) this state;
4-1 (ii) a political subdivision of this
4-2 state, including a county, municipality, or special purpose
4-3 district or authority; or
4-4 (iii) a hospital or funeral establishment;
4-5 or
4-6 (C) by impersonating a clergyman, public
4-7 employee, peace officer, or emergency assistance worker or
4-8 volunteer.
4-9 (h) <(e)> Final conviction of felony barratry is a serious
4-10 crime for all purposes and acts, specifically including the State
4-11 Bar Rules and the Texas Rules of Disciplinary Procedure.
4-12 SECTION 2. Article 42.12, Code of Criminal Procedure, is
4-13 amended by adding Section 13A to read as follows:
4-14 Sec. 13A. BARRATRY PROBATION. A court granting probation to
4-15 a defendant convicted of an offense under Section 38.12, Penal
4-16 Code, shall require as a condition of probation that the defendant
4-17 submit to detention in a county jail for a period of:
4-18 (1) not less than 24 hours or more than 30 days, if
4-19 the defendant is convicted of a misdemeanor; or
4-20 (2) not less than 10 days or more than 180 days, if
4-21 the defendant is convicted of a felony.
4-22 SECTION 3. (a) The change in law made by this Act applies
4-23 only to an offense committed on or after the effective date of this
4-24 Act. For purposes of this section, an offense is committed before
4-25 the effective date of this Act if any element of the offense occurs
4-26 before that date.
4-27 (b) An offense committed before the effective date of this
5-1 Act is covered by the law in effect when the offense was committed,
5-2 and the former law is continued in effect for this purpose.
5-3 SECTION 4. This Act takes effect September 1, 1993.
5-4 SECTION 5. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.