AEZ H.B. 195 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 195
By: Turner, Bob
3-26-97
Committee Report (Unamended)



BACKGROUND 

It is generally recognized that the elderly members of our population are
seen as easy targets by criminals.  There seems to be a particularly high
incidence of crimes against the elderly by unscrupulous handy men or
independent home repair contractors who understand that the elderly have
the money to pay for home repairs they can no longer make themselves. This
was confirmed 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. 

PURPOSE

HB 195, as proposed, would increase the penalty for theft committed
against the elderly when the financial loss incurred ranges between $1500
and $20,000. 

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) to define "elderly individual" as having the meaning
assigned by Section 22.04 (c), Penal Code. 

SECTION 2.  Amends Section 31.03(e), Penal Code, Theft, by adding
subsection (5)(A) which would make theft of the property of an elderly
individual a third degree felony if the value of the stolen property is
$1,500 or more, but less than $20,000. 

SECTION 3.  Change in law made by this Act applies only to an offense
committed on or after the effective date of the Act. 

SECTION 4.  Effective Date:  September 1, 1997.

SECTION 5.  Emergency Clause.