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AN ACT
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relating to the punishment for certain fraud offenses committed |
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against elderly individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.21, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (e-1) to read as |
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follows: |
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(c) Except as provided by [in] Subsections (d), [and] (e), |
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and (e-1), an offense under this section is a Class A misdemeanor. |
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(e-1) An offense under this section is increased to the next |
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higher category of offense if it is shown on the trial of the |
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offense that the offense was committed against an elderly |
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individual as defined by Section 22.04. |
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SECTION 2. Section 32.31(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is a state jail felony, |
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except that the offense is a felony of the third degree if it is |
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shown on the trial of the offense that the offense was committed |
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against an elderly individual as defined by Section 22.04. |
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SECTION 3. Section 32.51, Penal Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) An offense described for purposes of punishment by |
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Subsections (c)(1)-(3) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that the offense |
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was committed against an elderly individual as defined by Section |
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22.04. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2328 was passed by the House on April |
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30, 2009, by the following vote: Yeas 131, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2328 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2328 on May 31, 2009, by the following vote: Yeas 142, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2328 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2328 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |