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.