SRC-CDH H.B. 195 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 195
By: Turner, Bob (Carona)
Criminal Justice
5-1-97
Engrossed


DIGEST 

Currently, Texas law contains no provisions which specifically protect
elderly individuals who are the victims of theft.  However, concern has
been raised that the elderly are seen as easy targets by criminals,
particularly in the case of unscrupulous handymen or independent home
repair contractors who understand that the elderly have the money to pay
for home repairs that they can no longer make themselves.  In a study
conducted for the 72nd Legislature by the House Criminal Jurisprudence
Committee, the committee determined that financial losses suffered in
these instances generally range from $1,500 to $20,000, and concluded that
the penalties for such crimes need to be increased. H.B. 195 would
increase the penalty for theft committed against the elderly to a third
degree felony when the financial loss incurred ranges between $1,500 and
$20,000.     

PURPOSE

As proposed, H.B. 195 establishes the punishment of theft committed
against elderly individuals. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.01, Penal Code, by adding Subdivision (10),
to define "elderly individual." 

SECTION 2. Amends Section 31.03(e), Penal Code, to establish that except
as provided by Subsection (f), an offense under this section, regarding
theft, is a third degree felony if the value of the property stolen is
$1,500 or more but less than $20,000 and the property is stolen from an
elderly individual.   

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.