BILL ANALYSIS

H.B. 1347

By: Turner

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the Arlington Police Department has expressed concerns over its lack of legal authority to charge certain individuals engaged in the exploitation of vulnerable individuals. In response to these concerns, H.B. 1347 seeks to clarify the circumstances under which law enforcement officers may charge those who take advantage of vulnerable individuals through coercion, deception, exploitation, and isolation. The bill takes these actions with the goal of ensuring widespread comprehension of the law while giving officers the tools necessary to protect public safety with respect to the prosecution of the offense of exploitation of a child, elderly individual, or disabled individual.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1347 amends the Penal Code to revise the conduct that constitutes the offense of exploitation of a child, elderly individual, or disabled individual. Under current law, the intentional, knowing, or reckless causing of the exploitation of a child or such an individual constitutes the offense, and "exploitation" means the illegal or improper use of such a child or individual or their resources for monetary or personal benefit, profit, or gain. The bill makes the offense applicable instead to the knowing appropriation of the resources of a child, elderly individual, or disabled individual through exploitation, deception, coercion, or isolation for the monetary or personal benefit of the actor or another person other than the child or individual. The bill specifies that for purposes of the definition of "exploitation," the illegal or improper use of the child or individual or their resources is done through undue influence, harassment, duress, false representation, false pretense, or other similar means.

H.B. 1347 specifies that for purposes of the offense, "coercion" includes the following, in addition to its definition under the Penal Code:

· destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person's actual or purported government records or identifying information or documents;

· providing a controlled substance to a person for the purpose of impairing the person's ability to appraise the nature of or resist engaging in any conduct;

· physically restraining or confining a person or threatening to physically restrain or confine a person;

· exposing or threatening to expose information that would tend to subject a person to criminal or immigration proceedings; or

· causing or threatening to cause financial harm to a person or using financial control over a person.

The bill provides the following definitions for purposes of the offense:

· "deception" as creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction and that the actor does not believe to be true, or promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed; and

· "isolation" as preventing a person from having contact with the person's friends or family, a welfare agency, peace officers, health care providers, or other individuals or entities without the knowledge or consent of the person.

H.B. 1347 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.