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.