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.