78R5399 EMT-D

By:  Phillips                                                     H.B. No. 1188



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for certain theft and fraud offenses 
committed against an elderly individual.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 31, Penal Code, is amended by adding 
Section 31.015 to read as follows:
	Sec. 31.015.  ENHANCED PUNISHMENT FOR OFFENSE COMMITTED 
AGAINST ELDERLY INDIVIDUAL.  (a)  In this section:
		(1)  "Elderly individual" has the meaning assigned by 
Section 22.04(c).
		(2)  "Victim"  means an individual who suffers 
pecuniary loss as a result of criminally injurious conduct that 
occurs in this state.
	(b)  An offense under this chapter, other than an offense 
punishable as a felony of the first degree, is increased to the next 
higher category of offense if it is shown on the trial of the 
offense that:
		(1)  there is a discernible victim of the offense; and                 
		(2)  the discernible victim of the offense is an 
elderly individual. 
	SECTION 2.  Subchapter A, Chapter 32, Penal Code, is amended 
by adding Section 32.04 to read as follows:
	Sec. 32.04.  ENHANCED PUNISHMENT FOR OFFENSE COMMITTED 
AGAINST ELDERLY INDIVIDUAL.  (a)  In this section:
		(1)  "Elderly individual" has the meaning assigned by 
Section 22.04(c).
		(2)  "Victim" means an individual who suffers pecuniary 
loss as a result of criminally injurious conduct that occurs in this 
state.
	(b)  An offense under this chapter, other than an offense 
punishable as a felony of the first degree, is increased to the next 
higher category of offense if it is shown on the trial of the 
offense that:
		(1)  there is a discernible victim of the offense; and                 
		(2)  the discernible victim of the offense is an 
elderly individual. 
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after the effective date of this Act.   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.  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.