Texas 2009 - 81st Regular

Texas House Bill HB2328 Compare Versions

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Old	New	Differences
1	1	H.B. No. 2328
2	2
3	3
4	4	AN ACT
5	5	relating to the punishment for certain fraud offenses committed
6	6	against elderly individuals.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 32.21, Penal Code, is amended by
9	9	amending Subsection (c) and adding Subsection (e-1) to read as
10	10	follows:
11	11	(c) Except as provided by [in] Subsections (d), [and] (e),
12	12	and (e-1), an offense under this section is a Class A misdemeanor.
13	13	(e-1) An offense under this section is increased to the next
14	14	higher category of offense if it is shown on the trial of the
15	15	offense that the offense was committed against an elderly
16	16	individual as defined by Section 22.04.
17	17	SECTION 2. Section 32.31(d), Penal Code, is amended to read
18	18	as follows:
19	19	(d) An offense under this section is a state jail felony,
20	20	except that the offense is a felony of the third degree if it is
21	21	shown on the trial of the offense that the offense was committed
22	22	against an elderly individual as defined by Section 22.04.
23	23	SECTION 3. Section 32.51, Penal Code, is amended by adding
24	24	Subsection (c-1) to read as follows:
25	25	(c-1) An offense described for purposes of punishment by
26	26	Subsections (c)(1)-(3) is increased to the next higher category of
27	27	offense if it is shown on the trial of the offense that the offense
28	28	was committed against an elderly individual as defined by Section
29	29	22.04.
30	30	SECTION 4. The change in law made by this Act applies only
31	31	to an offense committed on or after the effective date of this Act.
32	32	An offense committed before the effective date of this Act is
33	33	governed by the law in effect when the offense was committed, and
34	34	the former law is continued in effect for that purpose. For the
35	35	purposes of this section, an offense was committed before the
36	36	effective date of this Act if any element of the offense occurred
37	37	before that date.
38	38	SECTION 5. This Act takes effect September 1, 2009.
39	39	______________________________ ______________________________
40	40	President of the Senate Speaker of the House
41	41	I certify that H.B. No. 2328 was passed by the House on April
42	42	30, 2009, by the following vote: Yeas 131, Nays 0, 1 present, not
43	43	voting; that the House refused to concur in Senate amendments to
44	44	H.B. No. 2328 on May 29, 2009, and requested the appointment of a
45	45	conference committee to consider the differences between the two
46	46	houses; and that the House adopted the conference committee report
47	47	on H.B. No. 2328 on May 31, 2009, by the following vote: Yeas 142,
48	48	Nays 0, 1 present, not voting.
49	49	______________________________
50	50	Chief Clerk of the House
51	51	I certify that H.B. No. 2328 was passed by the Senate, with
52	52	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
53	53	0; at the request of the House, the Senate appointed a conference
54	54	committee to consider the differences between the two houses; and
55	55	that the Senate adopted the conference committee report on H.B. No.
56	56	2328 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: __________________
60	60	Date
61	61	__________________
62	62	Governor