By Turner of Coleman, et al.                           H.B. No. 195

         75R1156 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:

1-15                       (A)  $50; or

1-16                       (B)  $20 and the defendant obtained the property

1-17     by issuing or passing a check or similar sight order in a manner

1-18     described by Section 31.06;

1-19                 (2)  a Class B misdemeanor if:

1-20                       (A)  the value of the property stolen is:

1-21                             (i)  $50 or more but less than $500; or

1-22                             (ii)  $20 or more but less than $500 and

1-23     the defendant obtained the property by issuing or passing a check

1-24     or similar sight order in a manner described by Section 31.06; or

 2-1                       (B)  the value of the property stolen is less

 2-2     than:

 2-3                             (i)  $50 and the defendant has previously

 2-4     been convicted of any grade of theft; or

 2-5                             (ii)  $20, the defendant has previously

 2-6     been convicted of any grade of theft, and the defendant obtained

 2-7     the property by issuing or passing a check or similar sight order

 2-8     in a manner described by Section 31.06;

 2-9                 (3)  a Class A misdemeanor if the value of the property

2-10     stolen is $500 or more but less than $1,500;

2-11                 (4)  a state jail felony if:

2-12                       (A)  the value of the property stolen is $1,500

2-13     or more but less than $20,000, or the property is less than 10 head

2-14     of cattle,  horses, or exotic livestock or exotic fowl as defined

2-15     by Section 142.001, Agriculture Code, or any part thereof under the

2-16     value of $20,000, or less than 100 head of sheep, swine, or goats

2-17     or any part thereof under the value of $20,000;

2-18                       (B)  regardless of value, the property is stolen

2-19     from the person of another or from a human corpse or grave;

2-20                       (C)  the property stolen is a firearm, as defined

2-21     by Section 46.01; or

2-22                       (D)  the value of the property stolen is less

2-23     than $1,500 and the defendant has been previously convicted two or

2-24     more times of any grade of theft;

2-25                 (5)  a felony of the third degree if the value of the

2-26     property stolen is:

2-27                       (A)  $1,500 or more but less than $20,000 and the

 3-1     property is stolen from an elderly individual; or

 3-2                       (B)  $20,000 or more but less than $100,000, or

 3-3     the property is:

 3-4                             (i) [(A)]  10 or more head of cattle,

 3-5     horses, or exotic livestock or exotic fowl as defined by Section

 3-6     142.001,  Agriculture Code, stolen during a single transaction and

 3-7     having an aggregate value of less than $100,000; or

 3-8                             (ii) [(B)]  100 or more head of sheep,

 3-9     swine, or goats stolen during a single transaction and having an

3-10     aggregate  value of less than $100,000;

3-11                 (6)  a felony of the second degree if the value of the

3-12     property stolen is $100,000 or more but less than $200,000; or

3-13                 (7)  a felony of the first degree if the value of the

3-14     property stolen is $200,000 or more.

3-15           SECTION 3.  (a)  The change in law made by this Act applies

3-16     only to an offense committed on or after the effective date of this

3-17     Act.  For purposes of this section, an offense is committed before

3-18     the effective date of this Act if any element of the offense occurs

3-19     before the effective date.

3-20           (b)  An offense committed before the effective date of this

3-21     Act is covered by the law in effect when the offense was committed,

3-22     and the former law is continued in effect for that purpose.

3-23           SECTION 4.  This Act takes effect September 1, 1997.

3-24           SECTION 5.  The importance of this legislation and the

3-25     crowded condition of the calendars in both houses create an

3-26     emergency and an imperative public necessity that the

3-27     constitutional rule requiring bills to be read on three several

 4-1     days in each house be suspended, and this rule is hereby suspended.