By Jones of Dallas                                    H.B. No. 2222
         77R7693 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of injury to an elderly
 1-3     individual.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 22.04(c)(2), Penal Code, is amended to
 1-6     read as follows:
 1-7                 (2)  "Elderly individual" means a person 60 [65] years
 1-8     of age or older.
 1-9           SECTION 2. Sections 22.04(e), (f), and (g), Penal Code, are
1-10     amended to read as follows:
1-11           (e)  An offense under Subsection (a)(1) or (2) is a felony of
1-12     the first degree when the conduct is committed intentionally or
1-13     knowingly.  When the conduct is engaged in recklessly it shall be a
1-14     felony of the second degree, unless the victim of the offense is an
1-15     elderly individual, in which event the offense is a felony of the
1-16     first degree.
1-17           (f)  An offense under Subsection (a)(3) is a felony of the
1-18     third degree when the conduct is committed intentionally or
1-19     knowingly, unless the victim of the offense is an elderly
1-20     individual, in which event the offense is a felony of the second
1-21     degree.  When the conduct is engaged in recklessly it shall be a
1-22     state jail felony, unless the victim of the offense is an elderly
1-23     individual, in which event the offense is a felony of the third
1-24     degree.
 2-1           (g)  An offense under Subsection (a) when the person acts
 2-2     with criminal negligence shall be a state jail felony, unless the
 2-3     victim of the offense is an elderly individual, in which event the
 2-4     offense is a felony of the third degree.
 2-5           SECTION 3. (a)  The change in law made by this Act applies
 2-6     only to an offense committed on or after the effective date of this
 2-7     Act.  For purposes of this section, an offense is committed before
 2-8     the effective date of this Act if any element of the offense occurs
 2-9     before the effective date.
2-10           (b)  An offense committed before the effective date of this
2-11     Act is covered by the law in effect when the offense was committed,
2-12     and the former law is continued in effect for that purpose.
2-13           SECTION 4. This Act takes effect September 1, 2001.