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.