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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and prosecution of the offense of making a |
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false statement with the intent to deny a benefit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Penal Code, is amended by adding |
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Section 32.53 to read as follows: |
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Sec. 32.53. FALSE STATEMENT TO DENY BENEFIT. (a) A person |
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commits an offense if the person intentionally or knowingly makes a |
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materially false or misleading written statement to another with |
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intent to deny a benefit to which the other person is entitled. |
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(c) An offense under this section is: |
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(1) a Class C misdemeanor if the value of the benefit |
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denied is less than $500; |
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(2) a Class B misdemeanor if the value of the benefit |
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denied is $500 or more but less than $5,000; |
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(3) a Class A misdemeanor if the value of the benefit |
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denied is $5,000 or more but less than $10,000; |
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(4) a state jail felony if the value of the benefit |
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denied is $10,000 or more but less than $20,000; |
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(5) a felony of the third degree if the value of the |
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benefit denied is $20,000 or more but less than $100,000; |
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(6) a felony of the second degree if the value of the |
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benefit denied is $100,000 or more but less than $200,000; or |
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(7) a felony of the first degree if the value of the |
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benefit denied is $200,000 or more. |
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SECTION 2. Chapter 12, Code of Criminal Procedure, is |
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amended by adding Article 12,011 to read as follows: |
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Art. 12.011. FALSE STATEMENT TO DENY BENEFIT. (a) The |
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limitation period for an offense under Section 32.53, Penal Code, |
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is 10 years from the date of the commission of the offense. |
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SECTION 3. This Act takes effect September 1, 2009. |