78R4885 EMT-F
By: Martinez Fischer, Villarreal H.B. No. 420
Substitute the following for H.B. No. 420:
By: Keel C.S.H.B. No. 420
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain property offenses committed
against an elderly individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.01, Penal Code, is amended by adding
Subdivision (10) to read as follows:
(10) "Elderly individual" has the meaning assigned by
Section 22.04(c).
SECTION 2. Section 31.03(f), Penal Code, is amended to read
as follows:
(f) An offense described for purposes of punishment by
Subsections (e)(1)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the
offense and the property appropriated came into the actor's
custody, possession, or control by virtue of his status as a public
servant; [or]
(2) the actor was in a contractual relationship with
government at the time of the offense and the property appropriated
came into the actor's custody, possession, or control by virtue of
the contractual relationship; or
(3) the owner of the property appropriated was at the
time of the offense an elderly individual.
SECTION 3. Section 32.45, Penal Code, is amended by adding
Subsection (d) to read as follows:
(d) 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. Section 32.46, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) 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. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense was committed before
the effective date of this Act if any element of the offense was
committed before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2003.