The bill would amend the Penal Code as it relates to creating the criminal offense of financial abuse of an elderly individual. Under the provisions of the bill, engaging in certain financial abuse or financial exploitation of an elderly person would be punishable as a misdemeanor or felony, with the specific offense degree based on the pecuniary value of the property.
The Office of Court Administration and Texas Department of Criminal Justice do not anticipate a significant fiscal impact. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.
The offenses created by the bill would be Class B and Class A misdemeanors. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. 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.
No significant fiscal implication to units of local government is anticipated.