By Wohlgemuth H.B. No. 1813 77R6568 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the offense of theft by a caretaker. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 31.01, Penal Code, is amended by adding 1-5 Subdivision (10) to read as follows: 1-6 (10) "Disabled individual" and "elderly individual" have 1-7 the meanings assigned by Section 22.04. 1-8 SECTION 2. Chapter 31, Penal Code, is amended by adding 1-9 Section 31.031 to read as follows: 1-10 Sec. 31.031. THEFT BY CARETAKER. (a) A person commits an 1-11 offense if the person, while acting as a caretaker for a disabled 1-12 individual or an elderly individual, appropriates for personal 1-13 benefit property from the disabled individual or elderly 1-14 individual. 1-15 (b) An offense under this section is: 1-16 (1) a Class C misdemeanor if the value of the property 1-17 stolen is less than $50; 1-18 (2) a Class B misdemeanor if the value of the property 1-19 stolen is $50 or more but less than $500; 1-20 (3) a Class A misdemeanor if the value of the property 1-21 stolen is $500 or more but less than $1,500; 1-22 (4) a state jail felony if the value of the property 1-23 stolen is $1,500 or more but less than $20,000; 1-24 (5) a felony of the third degree if the value of the 2-1 property stolen is $20,000 or more but less than $100,000; 2-2 (6) a felony of the second degree if the value of the 2-3 property stolen is $100,000 or more but less than $200,000; or 2-4 (7) a felony of the first degree if the value of the 2-5 property stolen is $200,000 or more. 2-6 SECTION 3. (a) The change in law made by this Act applies 2-7 only to an offense committed on or after the effective date of this 2-8 Act. For purposes of this section, an offense is committed before 2-9 the effective date of this Act if any element of the offense occurs 2-10 before the effective date. 2-11 (b) An offense committed before the effective date of this 2-12 Act is covered by the law in effect when the offense was committed, 2-13 and the former law is continued in effect for that purpose. 2-14 SECTION 4. This Act takes effect September 1, 2001.