82R1533 KCR-F

By: Menendez H.B. No. 385

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for theft and certain fraud offenses

committed against a disabled individual.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.01, Penal Code, is amended by adding

Subdivision (11) to read as follows:

(11) "Disabled individual" has the meaning assigned by

Section 22.04(c).

SECTION 2. Section 31.03(f), Penal Code, is amended to read

as follows:

(f) An offense described for purposes of punishment by

Subsections (e)(1)-(6) is increased to the next higher category of

offense if it is shown on the trial of the offense that:

(1) the actor was a public servant at the time of the

offense and the property appropriated came into the actor's

custody, possession, or control by virtue of his status as a public

servant;

(2) the actor was in a contractual relationship with

government at the time of the offense and the property appropriated

came into the actor's custody, possession, or control by virtue of

the contractual relationship;

(3) the owner of the property appropriated was at the

time of the offense:

(A) an elderly individual; [or]

(B) a disabled individual; or

(C) a nonprofit organization; or

(4) the actor was a Medicare provider in a contractual

relationship with the federal government at the time of the offense

and the property appropriated came into the actor's custody,

possession, or control by virtue of the contractual relationship.

SECTION 3. Section 32.21(e-1), Penal Code, is amended to

read as follows:

(e-1) An offense under this section is increased to the next

higher category of offense if it is shown on the trial of the

offense that the offense was committed against an elderly

individual or a disabled individual, as those terms are defined by

Section 22.04.

SECTION 4. Section 32.31(d), Penal Code, is amended to read

as follows:

(d) An offense under this section is a state jail felony,

except that the offense is a felony of the third degree if it is

shown on the trial of the offense that the offense was committed

against an elderly individual or a disabled individual, as those

terms are defined by Section 22.04.

SECTION 5. Section 32.45(d), Penal Code, is amended to read

as follows:

(d) An offense described for purposes of punishment by

Subsections (c)(1)-(6) is increased to the next higher category of

offense if it is shown on the trial of the offense that the offense

was committed against an elderly individual or a disabled

individual, as those terms are defined by Section 22.04.

SECTION 6. Section 32.46(c-1), Penal Code, is amended to

read as follows:

(c-1) An offense described for purposes of punishment by

Subsections (b)(1)-(6) and (c) is increased to the next higher

category of offense if it is shown on the trial of the offense that

the offense:

(1) was committed against an elderly individual or a

disabled individual, as those terms are defined by Section 22.04;

or

(2) involves the state Medicaid program.

SECTION 7. Section 32.51(c-1), Penal Code, is amended to

read as follows:

(c-1) An offense described for purposes of punishment by

Subsections (c)(1)-(3) is increased to the next higher category of

offense if it is shown on the trial of the offense that the offense

was committed against an elderly individual or a disabled

individual, as those terms are defined by Section 22.04.

SECTION 8. 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 on the date 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 occurred

before that date.

SECTION 9. This Act takes effect September 1, 2011.