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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for theft and certain fraud offenses |
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committed against a disabled individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.01, Penal Code, is amended by adding |
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Subdivision (11) to read as follows: |
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(11) "Disabled individual" has the meaning assigned by |
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Section 22.04(c). |
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SECTION 2. Section 31.03(f), Penal Code, is amended to read |
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as follows: |
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(f) An offense described for purposes of punishment by |
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Subsections (e)(1)-(6) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that: |
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(1) the actor was a public servant at the time of the |
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offense and the property appropriated came into the actor's |
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custody, possession, or control by virtue of his status as a public |
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servant; |
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(2) the actor was in a contractual relationship with |
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government at the time of the offense and the property appropriated |
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came into the actor's custody, possession, or control by virtue of |
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the contractual relationship; |
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(3) the owner of the property appropriated was at the |
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time of the offense: |
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(A) an elderly individual; [or] |
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(B) a disabled individual; or |
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(C) a nonprofit organization; or |
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(4) the actor was a Medicare provider in a contractual |
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relationship with the federal government at the time of the offense |
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and the property appropriated came into the actor's custody, |
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possession, or control by virtue of the contractual relationship. |
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SECTION 3. Section 32.21(e-1), Penal Code, is amended to |
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read as follows: |
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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 or a disabled individual, as those terms are defined by |
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Section 22.04. |
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SECTION 4. 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 or a disabled individual, as those |
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terms are defined by Section 22.04. |
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SECTION 5. Section 32.45(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense described for purposes of punishment by |
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Subsections (c)(1)-(6) 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 or a disabled |
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individual, as those terms are defined by Section 22.04. |
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SECTION 6. Section 32.46(c-1), Penal Code, is amended to |
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read as follows: |
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(c-1) An offense described for purposes of punishment by |
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Subsections (b)(1)-(6) and (c) is increased to the next higher |
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category of offense if it is shown on the trial of the offense that |
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the offense: |
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(1) was committed against an elderly individual or a |
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disabled individual, as those terms are defined by Section 22.04; |
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or |
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(2) involves the state Medicaid program. |
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SECTION 7. Section 32.51(c-1), Penal Code, is amended to |
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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 or a disabled |
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individual, as those terms are defined by Section 22.04. |
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SECTION 8. 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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covered by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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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 9. This Act takes effect September 1, 2011. |