H.B. 492 78(R)    BILL ANALYSIS


H.B. 492
By: Jones, Jesse
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The federal government  under The  Older American Act,  Title 42 of the US
Public Health and Welfare Code defines an older individual as one who is
60 years or older. The Act provides protection to older individuals
against abuse, neglect and exploitation. House Bill 492 lowers the age
defined in Section 22.04, Penal Code,  as an elderly individual to conform
with the federal law and enhance penalties for crimes committed against an
elderly individual, a child or disabled individual.  

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

House Bill 492 amends the Penal Code to increase penalties for certain
crimes committed against an elderly individual, a child, or a disabled
individual and lowers the age under the definition of "elderly individual"
from 65 to 60 years of age or older. The bill provides that a person
commits: 

_ a second degree felony if the person intentionally or knowingly causes
bodily injury to an elderly individual, a child, or a disabled individual;
or 

_a third degree felony if the person recklessly acts with criminal
negligence to cause serious bodily injury, serious mental deficiency,
impairment, injury, or bodily injury to an elderly individual, a child, or
a disabled individual.  

The bill extends the term "actor" to include an employee of a licensed
nursing facility, an assisted living facility, and an intermediate care
facility for the mentally retarded.  

EFFECTIVE DATE

September 1, 2003.