79R6589 BDH-D

By:  Quintanilla                                                  H.B. No. 2213



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for certain crimes of fraud committed 
against elderly persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended 
by adding Section 12.50 to read as follows:
	Sec. 12.50.  PENALTY FOR FRAUD COMMITTED AGAINST ELDERLY 
VICTIM. (a) In this section, "elderly individual" has the meaning 
assigned by Section 22.04.
	(b)  If it is shown on the trial of an offense under Chapter 
32 that a victim of the offense is an elderly individual, 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 other than a felony of the first degree is 
increased to the punishment prescribed for the next higher category 
of offense.
	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.