By Keel                                                H.B. No. 118
         76R125 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for certain offenses committed against
 1-3     elderly individuals.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
 1-6     by adding Section 12.48 to read as follows:
 1-7           Sec. 12.48.  PENALTY IF CERTAIN OFFENSES COMMITTED AGAINST
 1-8     ELDERLY INDIVIDUAL.  (a)  If it is shown on the trial of an offense
 1-9     under Section 31.03, 31.04, 32.21, 32.22, 32.46, or 32.47, other
1-10     than a first degree felony or a Class A misdemeanor, that the
1-11     victim of the offense is an elderly individual, the punishment for
1-12     the offense is increased to the punishment prescribed for the next
1-13     highest category of offense.  If the offense is a Class A
1-14     misdemeanor, the minimum term of confinement for the offense is
1-15     increased to 180 days.
1-16           (b)  In this section, "elderly individual" has the meaning
1-17     assigned by Section 22.04(c).
1-18           SECTION 2.  (a)  The change in law made by this Act applies
1-19     only to an offense committed on or after the effective date of this
1-20     Act.  For purposes of this section, an offense is committed before
1-21     the effective date of this Act if any element of the offense occurs
1-22     before that date.
1-23           (b)  An offense committed before the effective date of this
1-24     Act is covered by the law in effect when the offense was committed,
 2-1     and the former law is continued in effect for that purpose.
 2-2           SECTION 3.  This Act takes effect September 1, 1999.
 2-3           SECTION 4.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.