SRC-AXB H.B. 435 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 435
76R525  JMC-DBy: Turner, Bob (Fraser)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

Currently, there seems to be a high incidence of crimes committed against
the elderly. Handy men or independent home repair contractors take
advantage of the fact that the elderly have the money to pay for home
repairs that they can no longer perform themselves. A study conducted for
the 72nd Legislature by the House Criminal Jurisprudence Committee
determined that financial losses suffered in these cases range from $1,500
to $20,000. H.B. 435 increases the penalty to a felony of the third degree
for theft of $1,500 to $20,000 committed against the elderly. 

PURPOSE

As proposed, H.B. 435 increases the penalty to a felony of the third degree
for theft of $1,500 to $20,000 committed against the elderly. 

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)
which defines "elderly individual" as having the meaning assigned by
Sec.22.04(c) (Injury to a Child, Elderly Individual, or Disabled
Individual), which defines it as a person 65 years of age or older.  

SECTION 2. Amends Section 31.03(e), Penal Code, by adding Paragraph (A) to
Subdivision (5), providing that an offense under this section 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.
Makes nonsubstantive changes.  

SECTION 3. Makes application of this Act prospective. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.