BILL ANALYSIS H.B. 145 By: Turner, Bob 04-27-95 Committee Report (Amended) BACKGROUND All sectors of society have been adversely affected by rising crime. Some of the people most susceptible to crime are our elderly. Thieves and unscrupulous businesses increasingly prey on older citizens. Many people feel that the law should be changed to provide a deterrent to crimes against the elderly. The Silver-Haired Legislature passed a resolution to that effect, supporting a change in the law to increase penalties for extortion crimes committed against the elderly. PURPOSE If enacted, H.B. 145 would increase the penalties for theft committed against the elderly. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.01, Penal Code (DEFINITIONS), by adding Subdivision (10) that defines "elderly individual." SECTION 2. Amends Section 31.03(e), Penal Code (THEFT), by including theft of an elderly individual in the category of a third degree felony. SECTION 3. (a) Change in law made by this Act applies only to an offense committed on or after the effective date of the Act. (b) Makes effect of the Act prospective. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause. EXPLANATION OF AMENDMENTS Amends SECTION 2. Sec. 31.03 (e), Penal Code, subsection 5 (A) by including that the value of the property stolen is $1,500 or more. SUMMARY OF COMMITTEE ACTION HB 145 was considered by the full committee in a public hearing on April 19, 1995. The following persons testified for the bill: Phil Parmer, representing himself; and John W. Holtermann, representing himself. HB 145 be left pending. HB 145 was considered in a formal meeting on April 27, 1995 by the full committee. The committee considered an amendment to the bill. The amendment was adopted without objection. HB 145 was reported favorably as amended, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.