By:  Turner, B.                                        H.B. No. 972
       73R4503 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for theft offenses committed against
    1-3  elderly 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.  Section 31.04(e), Penal Code, is amended to read
   3-22  as follows:
   3-23        (e)  An offense under this section is:
   3-24              (1)  a Class C misdemeanor if the value of the service
   3-25  stolen is less than $20;
   3-26              (2)  a Class B misdemeanor if the value of the service
   3-27  stolen is $20 or more but less than $200;
    4-1              (3)  a Class A misdemeanor if the value of the service
    4-2  stolen is $200 or more but less than $750;
    4-3              (4)  a felony of the third degree if the value of the
    4-4  service stolen is:
    4-5                    (A)  less than $750 and the service is stolen
    4-6  from an elderly individual; or
    4-7                    (B)  $750 or more but less than $20,000;
    4-8              (5)  a felony of the second degree if the value of the
    4-9  service stolen is $20,000 or more.
   4-10        SECTION 4.  (a)  The change in law made by this Act applies
   4-11  only to the punishment for an offense committed on or after the
   4-12  effective date of this Act.  For purposes of this section, an
   4-13  offense is committed before the effective date of this Act if any
   4-14  element of the offense occurs before the effective date.
   4-15        (b)  The punishment for an offense committed before the
   4-16  effective date of this Act is covered by the law in effect when the
   4-17  offense was committed, and the former law is continued in effect
   4-18  for this purpose.
   4-19        SECTION 5.  This Act takes effect September 1, 1993.
   4-20        SECTION 6.  The importance of this legislation and the
   4-21  crowded condition of the calendars in both houses create an
   4-22  emergency and an imperative public necessity that the
   4-23  constitutional rule requiring bills to be read on three several
   4-24  days in each house be suspended, and this rule is hereby suspended.