SRC-LBB H.B. 420 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 420
78R4885 EMT-FBy: Martinez Fischer (Zaffirini)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Current law increases the penalty for assault and robbery offenses
committed against an elderly person, although statistics have shown that
people 65 and older are substantially less likely to be victims of violent
crime than are younger men and women, according to the Bureau of Justice
Statistics. However, current law does not provide a penalty increase for
theft or fraud committed against an elderly person, even though statistics
have shown that people age 65 or older are disproportionately impacted by
theft and fraud.  

Of all victimizations of older people during the period of 1992-1997,
ninety-two percent were property crimes, compared to 72 percent for people
under 65 years old, according to the Bureau of Justice Statistics. H.B.
420 provides that the punishment for theft and certain types of fraud is
increased to the next higher category of offense if the crime is committed
against a person who is 65 years of age or older. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 31.01, Penal Code, by adding Subdivision (10)
to define "elderly individual."  

SECTION 2.  Amends Section 31.03(f), Penal Code, to include "the owner of
the property appropriated was at the time of the offense an elderly
individual" in describing an offense described for purposes of punishment
by Subsections (e)(1)-(6) and increasing the category of offense. 

SECTION 3.  Amends Section 32.45, Penal Code, by adding Subsection (d) to
provide that an offense described for purposes of punishment by
Subsections (c)(1)-(6) is increased to the next higher category of offense
if it is shown on the trial of the offense that the offense was committed
against an elderly individual as defined by Section 22.04. 

SECTION 4.  Amends Section 32.46, Penal Code, by adding Subsection (c-1)
to provide that an offense described for purposes of punishment by
Subsections (b)(1)-(6) and (c) is increased to the next higher category of
offense if it is shown on the trial of the offense that the offense was
committed against an elderly individual as defined by Section 22.04. 

SECTION 5.   Makes application of this Act prospective.

SECTION 6.   Effective date:  September 1, 2003.