By Clark H.B. No. 60
77R260 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for theft committed against elderly
1-3 individuals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.01, Penal Code, is amended by adding
1-6 Subdivision (10) to read as follows:
1-7 (10) "Elderly individual" has the meaning assigned by
1-8 Section 22.04(c).
1-9 SECTION 2. Section 31.03(f), Penal Code, is amended to read
1-10 as follows:
1-11 (f) An offense described for purposes of punishment by
1-12 Subsections (e)(1)-(6) is increased to the next higher category of
1-13 offense if it is shown on the trial of the offense that:
1-14 (1) the actor was a public servant at the time of the
1-15 offense and the property appropriated came into the actor's
1-16 custody, possession, or control by virtue of his status as a public
1-17 servant; [or]
1-18 (2) the actor was in a contractual relationship with
1-19 government at the time of the offense and the property appropriated
1-20 came into the actor's custody, possession, or control by virtue of
1-21 the contractual relationship; or
1-22 (3) the owner of the property appropriated was at the
1-23 time of the offense an elderly individual.
1-24 SECTION 3. (a) The change in law made by this Act applies
2-1 only to an offense committed on or after the effective date of this
2-2 Act. For purposes of this section, an offense is committed before
2-3 the effective date of this Act if any element of the offense occurs
2-4 before that date.
2-5 (b) An offense committed before the effective date of this
2-6 Act is covered by the law in effect when the offense was committed,
2-7 and the former law is continued in effect for that purpose.
2-8 SECTION 4. This Act takes effect September 1, 2001.