C.S.H.B. 420 78(R)    BILL ANALYSIS


C.S.H.B. 420
By: Martinez Fischer
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND 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. Because
persons age 65 or older may be more susceptible to property crimes, there
is a need to increase the punishment for such crimes to deter their
commission. C.S.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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 420 amends the Penal Code to provide that punishment for the
offenses of theft, misapplication of fiduciary property, and securing the
execution of a document by deception is increased to the next higher
category of offense if the offense is committed against a person who is 65
years of age or older. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original bill by providing that punishment
for the offenses of misapplication of fiduciary property and securing the
execution of a document by deception, in addition to the offense of theft,
is increased to the next higher category of offense if the offense is
committed against a person who is 65 years of age or older.