1-1 AN ACT 1-2 relating to the aggregation of amounts involved in certain offenses 1-3 to determine punishment and evidence in certain aggregation 1-4 prosecutions. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 33.02, Penal Code, is amended by adding 1-7 Subsection (c) to read as follows: 1-8 (c) When benefits are obtained, a victim is defrauded or 1-9 harmed, or property is altered, damaged, or deleted in violation of 1-10 this section, whether or not in a single incident, the conduct may 1-11 be considered as one offense and the value of the benefits obtained 1-12 and of the losses incurred because of the fraud, harm, or 1-13 alteration, damage, or deletion of property may be aggregated in 1-14 determining the grade of the offense. 1-15 SECTION 2. Chapter 38, Code of Criminal Procedure, is 1-16 amended by adding Article 38.39 to read as follows: 1-17 Art. 38.39. EVIDENCE IN AN AGGREGATION PROSECUTION WITH 1-18 NUMEROUS VICTIMS. In trials involving an allegation of a 1-19 continuing scheme of fraud or theft alleged to have been committed 1-20 against a large class of victims in an aggregate amount or value, 1-21 it need not be proved by direct evidence that each alleged victim 1-22 did not consent or did not effectively consent to the transaction 1-23 in question. It shall be sufficient if the lack of consent or 1-24 effective consent to a particular transaction or transactions is 1-25 proven by either direct or circumstantial evidence. 2-1 SECTION 3. This Act takes effect September 1, 2001, and 2-2 applies only to an offense committed on or after that date. An 2-3 offense committed before the effective date of this Act is covered 2-4 by the law in effect when the offense was committed, and the former 2-5 law is continued in effect for that purpose. For purposes of this 2-6 section, an offense was committed before the effective date of this 2-7 Act if any element of the offense occurred before that date. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 917 passed the Senate on April 11, 2001, by the following vote: Yeas 29, Nays 0, one present not voting; and that the Senate concurred in House amendments on May 26, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 917 passed the House, with amendments, on May 23, 2001, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor