TO:	Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	HB3304 by Marquez (Relating to creating the offense of exploitation of an elderly individual; providing a penalty.), As Introduced

The bill would amend the Penal Code to create the offense of exploitation of elderly individual. The provisions of the bill that enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, intentionally, knowingly, or recklessly causing the exploitation of an elderly individual would be a third degree felony.  The bill would also a person who is subject to prosectuion under this section or another section to be prosecuted under both sections and allow for the sentences to run concurrently.
 
A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
 
Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. Although the number of time someone intentionally, knowingly, or recklessly causes the exploitation of an elderly individual is unknown, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies. It is expected that individuals who would be affected by the provision of this bill are currently being sentenced for other, possibly lesser felony, offenses.