By Hinojosa H.B. No. 58 77R344 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for an offense for which a person's 1-3 criminal responsibility is based on the conduct of another person 1-4 who is nonresponsible due to age. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended 1-7 by adding Section 12.50 to read as follows: 1-8 Sec. 12.50. PENALTY IF NONRESPONSIBLE PERSON USED TO COMMIT 1-9 OFFENSE. If it is shown on the trial of an offense for which a 1-10 person's criminal responsibility is established by Section 7.02 1-11 that the person's criminal responsibility is based on the conduct 1-12 of another person who is nonresponsible due to age, other than an 1-13 offense punishable by a first-degree felony or a Class A 1-14 misdemeanor, the punishment for the offense is increased to the 1-15 punishment prescribed for the next highest category of offense. If 1-16 the offense is a Class A misdemeanor, the minimum term of 1-17 confinement for the offense is increased to 180 days. 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, 2001.