SRC-JBJ H.B. 195 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 195
77R5536 KEL-DBy: Najera (Duncan)
Criminal Justice
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Currently, it is not uncommon for elderly individuals to be targeted by
unscrupulous scam artists.  H.B. 195 requires local law enforcement
agencies to report investigations of such offenses against elderly people
to the Department of Public Safety (department).  The department  is, in
turn, required to analyze that information and make those analyses
available to any local law enforcement agency, political subdivision, or
state agency.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety in SECTION 1 (Section 411.051, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 411D, Government Code, by adding Section
411.051, as follows: 

Sec. 411.051.  ANALYSIS OF INFORMATION IDENTIFYING PERSONS COMMITTING OR
SUSPECTED OF COMMITTING CERTAIN PROPERTY OFFENSES AGAINST ELDERLY
INDIVIDUALS.  (a)  Provides that this section applies to an offense under
Chapter 31 or 32, Penal Code, or any other offense under that code
involving an intent to steal or defraud if the offense was committed
against an elderly individual as defined by Section 22.04(c), Penal Code. 

(b)  Provides that for purposes of this section, the victim's status as an
elderly individual is determined according to the victim's age at the time
of the offense. 

(c)  Requires a law enforcement agency that investigates an offense
described by Subsection (a) to report the investigation to the Department
of Public Safety (department) in the form and manner and at regular
intervals as prescribed by rules adopted by the department.  Requires the
rules to require submission of the original investigative report and any
supplemental investigative report containing new, significant information. 

(d)  Requires the department, to identify a person committing or suspected
of committing an offense described by Subsection (a) or a victim of an
offense described by that subsection, to analyze information received under
this section and any other corresponding information possessed by the
department. 

(e)  Requires the department to make the analysis required by this section
available to any local law enforcement agency, political subdivision, or
state agency to the extent the analysis is reasonably necessary or useful
to the agency or subdivision in carrying out duties imposed by law on the
agency or subdivision.  Prohibits this subsection from being construed to
enable direct access by a person to information analyzed by the department
under this section if the person does not otherwise have direct access to
that information.  Provides that dissemination of the analysis required by
this section is subject to all confidentiality requirements imposed by
other law. 

SECTION 2.  Requires the department to establish the rules and procedures
necessary to comply with Section 411.051, Government Code, as added by this
Act, not later than October 1, 2001. 

SECTION 3.  Effective date: September 1, 2001.