By:  Martinez Fischer, et al.                                     H.B. No. 420
 
    (Senate Sponsor - Zaffirini)                                             
	(In the Senate - Received from the House May 9, 2003; 
May 13, 2003, read first time and referred to Committee on Criminal 
Justice; May 23, 2003, reported favorably by the following vote:  
Yeas 4, Nays 0; May 23, 2003, sent to printer.)


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.                          



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