By Sims S.B. No. 210 74R1619 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment of 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 (10) to read as follows: 1-7 (10) "Elderly individual" has the meaning assigned by 1-8 Section 22.04(c). 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), an offense under 1-12 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 $500; 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 the value of the property 1-22 stolen is $500 or more but less than $1,500; 1-23 (4) a state jail felony if: 1-24 (A) the value of the property stolen is $1,500 2-1 or more but less than $20,000, or the property is one or more head 2-2 of cattle, horses, sheep, swine, or goats or any part thereof under 2-3 the value of $20,000; 2-4 (B) regardless of value, the property is stolen 2-5 from the person of another or from a human corpse or grave; 2-6 (C) the property stolen is a firearm, as defined 2-7 by Section 46.01; or 2-8 (D) the value of the property stolen is less 2-9 than $1,500 and the defendant has been previously convicted two or 2-10 more times of any grade of theft; 2-11 (5) a felony of the third degree if the value of the 2-12 property stolen is: 2-13 (A) less than $20,000 and the property is stolen 2-14 from an elderly individual; or 2-15 (B) $20,000 or more but less than $100,000; 2-16 (6) a felony of the second degree if the value of the 2-17 property stolen is $100,000 or more but less than $200,000; or 2-18 (7) a felony of the first degree if the value of the 2-19 property stolen is $200,000 or more. 2-20 SECTION 3. (a) The change in law made by this Act applies 2-21 only to an offense committed on or after the effective date of this 2-22 Act. For purposes of this section, an offense is committed before 2-23 the effective date of this Act if any element of the offense occurs 2-24 before the effective date. 2-25 (b) An offense committed before the effective date of this 2-26 Act is covered by the law in effect when the offense was committed, 2-27 and the former law is continued in effect for that purpose. 3-1 SECTION 4. This Act takes effect September 1, 1995. 3-2 SECTION 5. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.