HBA-EDN C.S.H.B. 2222 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2222
By: Jones, Jesse
Criminal Jurisprudence
4/24/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under federal law, protection is afforded against abuse, neglect, and
exploitation for an elderly individual, defined as an individual who is 60
years of age or older.  C.S.H.B. 2222 lowers the age of an elderly
individual to conform with federal law and increases penalties for crimes
committed against an elderly individual, a child, or a disabled individual.

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2222 amends the Penal Code to increase penalties for certain
crimes committed against an elderly individual, a child, or a disabled
individual and lowers the age under the definition of  "elderly individual"
from 65 to 60 years of age or older.  The bill provides that a person
commits: 

_a second degree felony if the person intentionally or knowingly causes
bodily injury to an elderly individual, a child, or a disabled individual;
or 

_a third degree felony if the person recklessly causes bodily injury or
acts with criminal negligence to cause serious bodily injury, serious
mental deficiency, impairment, injury, or bodily injury to an elderly
individual, a child, or a disabled individual.   

EFFECTIVE DATE

September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2222 modifies the original by increasing the punishments for
certain crimes committed against an elderly individual, a child, or a
disabled individual.  The original only increased punishments for crimes
against an elderly individual.  The substitute removes provisions regarding
the increased punishment for reckless conduct that causes serious bodily
injury, serious mental deficiency, impairment, or injury to an elderly
individual.  The substitute includes an employee of a nursing facility, an
assisted living facility, or an intermediate care facility for the mentally
retarded  under provisions regarding the assumption of care, custody, or
control of an individual.