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.