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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the offense of exploitation of an elderly |
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individual; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.53 to read as follows: |
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Sec. 32.53. EXPLOITATION OF ELDERLY INDIVIDUAL. (a) In |
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this section: |
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(1) "Elderly individual" has the meaning assigned by |
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Section 22.04. |
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(2) "Exploitation" means the illegal or improper use |
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of an individual or of the resources of the individual for benefit, |
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profit, or gain. |
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(b) A person commits an offense if the person intentionally, |
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knowingly, or recklessly causes the exploitation of an elderly |
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individual. |
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(c) An offense under this section is a felony of the third |
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degree. |
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(d) A person who is subject to prosecution under both this |
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section and another section of this code may be prosecuted under |
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either or both sections. Section 3.04 does not apply to criminal |
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episodes prosecuted under both this section and another section of |
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this code. If a criminal episode is prosecuted under both this |
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section and another section of this code and sentences are assessed |
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for convictions under both sections, the sentences shall run |
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concurrently. |
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SECTION 2. This Act takes effect September 1, 2011. |