H.B. No. 2328
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2328 was passed by the House on April
30, 2009, by the following vote: Yeas 131, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2328 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2328 on May 31, 2009, by the following vote: Yeas 142,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2328 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2328 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor