81R8392 JRH-D
By: Guillen H.B. No. 2328
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain fraud offenses committed
against elderly individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.21, Penal Code, is amended by
amending Subsection (c) and adding Subsection (e-1) to read as
follows:
(c) Except as provided by [in] Subsections (d), [and] (e),
and (e-1), an offense under this section is a Class A misdemeanor.
(e-1) An offense under this section is increased 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.
SECTION 2. Section 32.31(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a state jail felony,
except that the offense is a felony of the third degree 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.
SECTION 3. Section 32.51, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) An offense described for purposes of punishment by
Subsections (c)(1)-(3) is increased 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.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For the
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2009.