79R3310 BDH-D

By:  Quintanilla                                                  H.B. No. 713


A BILL TO BE ENTITLED
AN ACT
relating to the punishment for forgery committed against an elderly person. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 32.21, Penal Code, is amended by adding Subsection (e-1) to read as follows: (e-1) If it is shown on the trial of an offense under this section that in committing the offense the defendant defrauded or harmed an elderly individual, as that term is defined by Section 22.04, the punishment for: (1) an offense otherwise punishable as a misdemeanor is increased to the punishment for a state jail felony; and (2) a felony of the third degree is increased to the punishment prescribed for a felony of the second degree. SECTION 2. 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 governed 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. SECTION 3. This Act takes effect September 1, 2005.