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.