AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 827 addresses a recently observed scam that is being used by certain individuals required to register as a sex offender in the Texas Sex Offender Registry to avoid doing so. Through the fraudulent use of identifying information, by assuming the identity of another individual, they can hide in plain sight. Fraudulent use of identifying information includes using multiple aliases, using various identifying information such as Social Security numbers or date of birth, stealing identifying information from family members, manipulating either their own name or changing a name through marriage, using the address of family members or friends, and altering physical appearance.
Under current law, punishment for failure to comply with sex offender registration requirements ranges from a state jail felony to a second degree felony and if the offender has a prior conviction, the punishment is enhanced to the next highest felony degree. Also under current law, punishment for fraudulent use or possession of identifying information ranges from a state jail felony to a first degree felony and if the victim is an elderly individual the punishment is enhanced to the next highest level.
S.B. 827 provides that in a case where an individual fraudulently used identifying information to avoid registering as a sex offender the offense is to be punished at the next highest degree felony.
As proposed, S.B. 827 amends current law relating to the fraudulent use of identifying information by certain sex offenders and provides criminal penalties.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 62.102, Code of Criminal Procedure, by adding Subsection (d), to provide that the punishment for the offense or the attempt to commit the offense is increased to the punishment for the next highest degree of felony if it is shown at the trial of a person for an offense under this article (Failure to Comply With Registration Requirements) or an attempt to commit an offense under this article that the person fraudulently used identifying information in violation of Section 32.51 (Fraudulent Use or Possession of Identifying Information), Penal Code, during the commission or attempted commission of the offense.
SECTION 2. Amends Section 32.51(c-1), Penal Code, to increase an offense described for purposes of punishment by Subsections (c)(1) (relating to when an offense under this section is a state jail felony), (c)(2) (relating to when an offense under this section is a felony of the third degree), and (c)(3) (relating to when an offense under this section is a felony of the second degree) 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 as defined by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual) or the actor fraudulently used identifying information with the intent to facilitate an offense under Article 62.102, Code of Criminal Procedure.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2013.