By Turner of Coleman, Walker, Cook, Swinford, H.B. No. 435
Culberson
76R525 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain theft committed against
1-3 elderly 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 that 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, 1999.
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.