Honorable Tan Parker, Chair, House Committee on Investments & Financial Services
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3503 by Thierry (Relating to the financial abuse of elderly persons; creating criminal offenses.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code to create the offense of financial abuse of an elderly individual. An individual who engages in the financial abuse of an elderly person with criminal negligence would commit an offense, with the punishment ranging from a misdemeanor to a felony. The punishment level would increase in severity based on the amount of pecuniary loss to the victim as a result of the offense.
According to the Office of Court Administration, the creation of a new criminal offense would increase caseloads, however any increase could be absorbed within existing resources. This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant fiscal impact on state correctional agencies.
The bill would take effect September 1, 2017.
Local Government Impact
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice