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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting, investigation, and prosecution of the |
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criminal offense of financial abuse of an elderly individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.1522(a), Human Resources Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), if during the |
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course of the department's or another state agency's investigation |
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of reported abuse, neglect, or exploitation, including an |
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investigation of reported abuse, neglect, or exploitation under |
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Subchapter F, a caseworker of the department or other state agency, |
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as applicable, or the caseworker's supervisor has cause to believe |
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that the elderly person or person with a disability has been abused, |
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neglected, or exploited by another person in a manner that |
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constitutes a criminal offense under any law, including Sections |
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[Section] 22.04 and 32.55, Penal Code, the caseworker or supervisor |
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shall: |
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(1) immediately notify an appropriate law enforcement |
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agency, unless the law enforcement agency reported the alleged |
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abuse, neglect, or exploitation to the department; and |
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(2) provide the law enforcement agency with a copy of |
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the investigation report of the department or other state agency, |
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as applicable, in a timely manner. |
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SECTION 2. Subchapter F, Chapter 48, Human Resources Code, |
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is amended by adding Section 48.2535 to read as follows: |
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Sec. 48.2535. FORWARDING CERTAIN REPORTS OF CRIMINAL |
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CONDUCT TO LAW ENFORCEMENT. On receipt by the department of a |
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report of alleged abuse or exploitation under this subchapter that |
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the department believes constitutes an offense under Section 32.55, |
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Penal Code, the department shall immediately notify an appropriate |
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law enforcement agency, regardless of whether the report alleges |
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conduct that constitutes abuse or exploitation for purposes of this |
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subchapter. |
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SECTION 3. Section 32.55, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) There is a rebuttable presumption that any transfer, |
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appropriation, or use of an elderly individual's money or other |
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property by a person described by Subsection (b)(5) constitutes |
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conduct in violation of this section if it is shown on the trial of |
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the offense that the actor knew or should have known that, at the |
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time of the offense, the elderly individual had been diagnosed with |
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dementia, Alzheimer's disease, or a related disorder. |
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SECTION 4. Section 48.2535, Human Resources Code, as added |
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by this Act, applies only to a report received by the Department of |
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Family and Protective Services on or after the effective date of |
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this Act. |
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SECTION 5. Section 32.55(f), Penal Code, as added by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |