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