73R8506 NSC-D
By Turner of Coleman H.B. No. 972
Substitute the following for H.B. No. 972:
By De La Garza C.S.H.B. No. 972
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for theft committed against elderly
1-3 individuals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.01, Penal Code, is amended by adding
1-6 Subdivision (11) to read as follows:
1-7 (11) "Elderly individual" has the meaning assigned by
1-8 Section 22.04(c) of this code.
1-9 SECTION 2. Section 31.03(e), Penal Code, is amended to read
1-10 as follows:
1-11 (e) Except as provided by Subsection (f) of this section, an
1-12 offense under this section is:
1-13 (1) a Class C misdemeanor if the value of the property
1-14 stolen is less than $20;
1-15 (2) a Class B misdemeanor if:
1-16 (A) the value of the property stolen is $20 or
1-17 more but less than $200; or
1-18 (B) the value of the property stolen is less
1-19 than $20 and the defendant has previously been convicted of any
1-20 grade of theft;
1-21 (3) a Class A misdemeanor if:
1-22 (A) the value of the property stolen is $200 or
1-23 more but less than $750; or
1-24 (B) the property stolen is one firearm, as
2-1 defined by Section 46.01 of this code, and is valued at less than
2-2 $400;
2-3 (4) a felony of the third degree if:
2-4 (A) the value of the property stolen is $750 or
2-5 more but less than $20,000, or the property is one or more head of
2-6 cattle, horses, sheep, swine, or goats or any part thereof under
2-7 the value of $20,000;
2-8 (B) regardless of value, the property is stolen
2-9 from the person of another or from a human corpse or grave;
2-10 (C) the property stolen is one firearm, as
2-11 defined by Section 46.01 of this code, and is valued at more than
2-12 $400;
2-13 (D) the property stolen is two or more firearms,
2-14 as defined by Section 46.01 of this code; <or>
2-15 (E) the value of the property stolen is less
2-16 than $750 and the defendant has been previously convicted two or
2-17 more times of any grade of theft; or
2-18 (F) the value of the property stolen is less
2-19 than $750 and the property is stolen from an elderly individual;
2-20 (5) a felony of the second degree if:
2-21 (A) the value of the property stolen is less
2-22 than $100,000 and the property is:
2-23 (i) combustible hydrocarbon natural or
2-24 synthetic natural gas, or crude petroleum oil;
2-25 (ii) equipment designed for use in
2-26 exploration for or production of natural gas or crude petroleum
2-27 oil; or
3-1 (iii) equipment designed for use in
3-2 remedial or diagnostic operations on gas or crude petroleum oil
3-3 wells;
3-4 (B) the value of the property stolen is $20,000
3-5 or more but less than $100,000; or
3-6 (C) the value of the property is less than
3-7 $100,000 and the property was unlawfully appropriated or attempted
3-8 to be unlawfully appropriated by threat to commit a felony offense
3-9 against the person or property of the person threatened or another
3-10 or to withhold information about the location or purported location
3-11 of a bomb, poison, or other harmful object that threatens to harm
3-12 the person or property of the person threatened or another person;
3-13 or
3-14 (6) a felony of the first degree if:
3-15 (A) the value of the property stolen is $100,000
3-16 or more; or
3-17 (B) the value of the property is $100,000 or
3-18 more and the property was unlawfully appropriated or attempted to
3-19 be unlawfully appropriated in the manner described by Subdivision
3-20 (5)(C) of this subsection.
3-21 SECTION 3. (a) The change in law made by this Act applies
3-22 only to the punishment for an offense committed on or after the
3-23 effective date of this Act. For purposes of this section, an
3-24 offense is committed before the effective date of this Act if any
3-25 element of the offense occurs before the effective date.
3-26 (b) The punishment for an offense committed before the
3-27 effective date of this Act is covered by the law in effect when the
4-1 offense was committed, and the former law is continued in effect
4-2 for this purpose.
4-3 SECTION 4. This Act takes effect September 1, 1993.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.